Minister Nkosinathi Nhleko: Presentation on investigation into SARS unit

Presentation by the Minister of Police

  • Background: Establishment of the Unit within SARS
  • Sikhakhane Report: Findings in relation to the Unit
  • Procurement of Technology and Assets by the Unit
  • List of some of the Technology and Assets procured

Background: Establishment of the “Unit” within

SARS

  • As opposed to what had been contemplated in the memorandum addressed to the Minister of Finance, the Unit was no longer a ring-fenced special capability within the NIA, but an entity within SARS.
  • In total, 22 members were recruited into the unit.
  • All members were recruited for their intelligence background
  • Some of the members were already SARS employees who were simply transferred into the Unit.
  • The recruitment was handled outside the normal HR processes prevailing at the time.
  • Following a media coverage of the alleged “Rogue Unit” on 11 June 2014, the then Acting Commissioner of SARS, Mr Ivan Pillay instituted an investigation led by an Attorney, Mr Moeti Kanyane. Mr Kanyane, in his findings, recommended a further investigation, given the limited scope of his mandate.
  • On 3 September 2014, Mr Ivan Pillay commissioned a further investigation by Advocate Muzi Sikhakhane SC, based on the recommendations from the Kanyane report.
  • The report from Advocate Sikhakhane found, amongst others, that:
    • The unlawful establishment of a unit that operated ostensibly in a covert manner, has created a climate of intrigue, fear and subterfuge within the organisation;
    • The establishment of the unit without having the requisite statutory authority was indeed unlawful;
    • The is prima facie evidence that the unit may have abused its power and resources by engaging in activities that reside in other agencies of Government, and which it had no lawful authority to perform;
  • The report from Advocate Sikhakhane found, amongst others, that:
    • There is prima facie evidence the recruitment, funding and practices of the unit were in violation of SARS’s own Human Resource Policy;
    • There is prima facie evidence that the existence of this unit had the real possibility of undermining the work of those agencies tasked with the investigation of organised crime and collection of intelligence; and
  • There is prima facie evidence suggesting that the activities of the Special Projects Unit may have included rogue behavior that had the potential to damage the reputation of SARS as an organ of state.
  • In addition, the Sikhakhane Report recommended to the new Commissioner of SARS, Mr Tom Moyane, that he institute a more detailed investigation. Mr Moyane then commissioned KPMG to conduct a forensic investigation.

Procurement of Technology and Assets

  • One of the members was an expert in intelligence equipment.
  • He was responsible for the procurement of the equipment that was used to do surveillance in NPA offices.
  • He was subsequently moved from the Unit into the Anti- Corruption and Security unit also known as ACAS.
  • Most of the intelligence equipment was procured through ACAS, and was also used to spy on SARS employees.
  • According to the copies of Purchase Order at our disposal, the procurement of security-related technology would have commenced around mid-2009. We however, cannot with certainty, vouch that this it was only around this time that the Unit started procuring such equipment.



 

Purchase Order

Date

Equipment Description/Purpose

Amount - R

 

 

4500107608

22.07.2009

NTS Countermeasure … deluxe countersurveillance probe monitor

55 886.00

 

 

4500107609

22.07.2009

NTS Countermeasure .. Linear junction detector

176 700.00

 

 

4500107610

22.07.2009

NTS Countermeasure equip … 5000 spectral correlator

222 300.00

 

 

4500107611

22.07.2009

NTS Countermeasure equip … telephone and line analyser

216 020.00

 

 

4500112548

26.10.2009

Basic course in electronic eavesdropping (michael schutte)

49 590.00

 

 

4500114215

24.11.2009

NTS Countermeasure - DMC3 Detector of Mobile and wireless activity

8 265.00

 

 

4500114420

30.11.2009

Supply - VS-125 Wireless video camera detector

9 120.00

 

 

4500125532

26.17.2010

Advance course in electromnic detection (Mario van Aardt s2016645)

18 240.00

 

 

4500126567

19.08.2010

Basic course in electronic eavesdropping (Ingrid Yegappen )

36 480.00

 

 

4500146457

10.10.2011

Wolfhound Pro

28 500.00

 

 

4500150084

10.01.2012

X Sweeper Spectrum sweeper

18 634.71

 

 

4500150537

23.01.2012

TG-VCAL J56 Signal Jammer

5 928.00

 

 

4500150551

23.01.2012

CPM-700 deluxe countersurveillance probe monitor

35 520.00

 

 

4500150553

23.01.2012

ETA-3A single line telephone analyser

58 653.00

 

 

4500150937

30.01.2012

Signet Advanced counter surveillance RF detector

20 804.00

 

 

4500151377

07.02.2012

Signet Mobile GSM phone detector

20 805.00

 

 

4500152022

16.02.2012

FA Pinhole lenses

16 445.00

 

 

4500152134

17.02.2012

COSE120ST Zoom pinhole lenses

169 860.00

 

 

4500154640

30.03.2012

GSM module call mynah (consummables)

1 573.20

 

 

4500165358

10.12.2012

cellular detector-surveillance countermeasure Winkelman GSM196 with SA918

23 558.10

 

 

4500165535

14.12.2012

HAWK XTS - surveillance countermeasure equip

190 603.80

 

 

4500166611

31.01.2013

Oscor (Goen) spectrum analyser (8Ghz)

237 758.84

 

 

4500166657

01.02.2013

mark II hand held receiver

22 539.65

 

 

4500184795

31.01.2014

fluke aircheck wi-fi tester

40 346.88

 

 

 

 

 

1 684 131.18

 

  • The above spreadsheet reflects equipment purchased between July 2009 and July 2014.
  • As stated earlier in the presentation, this list may not be exhaustive, and that additional information may still be found within the procurement division of SARS.
  • Accordingly, efforts are currently underway to locate as much information as possible in this regard.
  • The above spreadsheet does however, provide a sense of the extent to which this Unit, under the guise of ACAS, went about in procuring security-related technology and assets.

 

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