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The arbitration hearing brought by former SA Revenue Service (Sars) spokesperson Adrian Lackay is set to get under way today, about 18 months after he filed for constructive dismissal.
Lackay has argued that his working conditions became unbearable amid allegations by commissioner Tom Moyane that an illegal “rogue” spy unit had been set up by senior officials.
Proceedings in the Commission for Conciliation, Mediation and Arbitration (CCMA) are set to kick off in Johannesburg with Lackay leading evidence, his lawyer Brett Abraham said yesterday.
This is expected to be followed by cross-examination by Sars lawyers.
Proceedings have been postponed several times.
Although CCMA hearings are usually closed, the media has been granted access following a successful application lodged by Media 24 and the amaBhungane Centre for Investigative Journalism.
The order was granted in the public interest a year ago after media were barred from the preliminary hearing in September 2015. Lackay had not opposed the media application, though Sars had objected.
Lackay declined comment, ahead of court proceedings.
Moyane is expected to be the main witness against Lackay, and the legality or otherwise of the unit is likely to be argued during proceedings.
Lackay and others have claimed that there was nothing illegal about the unit.
Lackay, who was employed for 11 years at Sars, has claimed that it he was forced to leave after it had become “untenable” to associate himself with the goings-on at the revenue service.
The rogue unit allegations led to former deputy Sars commissioner Ivan Pillay being suspended.
Group executive for investigations, Johann van Loggerenberg, and head of strategic planning, Peter Richter, were also implicated and suspended. They subsequently resigned.
It was revealed in the Sars annual report last month that Pillay was paid out R3.9 million and Richter R3.77 million in restraint-of-trade settlements.
Among the investigations that have been launched into the so-called rogue unit was a KPMG forensic report that cost R23 million. This followed a previous report headed by Muzi Sikhakhane.
Lackay and Van Loggerenberg have given their version of events at Sars in a book, Rogue: The Inside Story of Sars' Elite Crime-busting Unit, which was released last month.
Finance Minister Pravin Gordhan was Sars commissioner at the time the controversial unit was set up.
He has insisted that the unit was operating fully within the law.
The Directorate for Priority Crime Investigation (the Hawks), meanwhile, has been pursuing a case against the minister.
