Finance Minister Pravin Gordhan briefs the standing committee on finance on the South African Revenue Service's strategic plan for 2013-2017 on Tuesday.  Picture: TREVOR SAMSON
Pravin Gordhan. Picture: TREVOR SAMSON

THE Hawks are seeking legal advice on a way forward after Finance Minister Pravin Gordhan missed a second deadline to respond to questions on an alleged “rogue unit” at the South African Revenue Service (SARS).

“Our legal team are forging a way forward, which will see the Hawks exercising our constitutional powers,” the Hawks said in a statement. “The investigations will not be stalled by an individual who refuses to comply with the authorities and demand a preferential treatment.”

Mr Gordhan on Monday said he would respond to the Hawks’ questions once they provided the legal authority on which the questions were based, which he had requested in his letter to them on March 1. The Hawks subsequently sent him a second letter, replying broadly that its powers were contained in the South African Police Service Act.

On Tuesday, the Hawks issued yet another statement questioning Mr Gordhan’s comments in a statement on Sunday, in which he indicated that he had not received a new letter from them.

Mr Gordhan’s statement on Sunday was based on a report in the Sunday Independent, which said another letter was sent to him by the Hawks on Saturday last week (the day before the Sunday Independent article).

That, however, was incorrect as the letter in question referred to the second letter, which was sent to Mr Gordhan by the Hawks on March 3, according to the Hawks statement.

The Hawks statement on Tuesday responded to Mr Gordhan’s comments on Sunday. The tit-for-tat between the agency and the minister comes at a time when SA is being watched closely by ratings agencies and foreign investors, and marks an extension of the battle between Mr Gordhan and SARS commissioner Tom Moyane.

African National Congress secretary general Gwede Mantashe issued a statement after the Hawks sent its 27 questions about the unit to Mr Gordhan, questioning its timing — it was sent to him days before he delivered his crucial 2016 budget speech.

Mr Moyane lodged a complaint with the Hawks about the unit last year, journalists were told earlier this month by Police Minister Nathi Nhleko.

The Hawks probe is the fifth into the controversial rogue unit. The unit was set up in 2007 when Mr Gordhan was the SARS commissioner. He has maintained that the unit was above board and was set up with ministerial approval.

Soon after the news broke the rand had dropped to R15.94 to the dollar from a previous close of R15.53.