The three former SARS executives appeared briefly in court after they agreed to postpone the case. After failure to question them on charges, which relate to allegedly spying on the Scorpions, the trio have until the end of the month to make representations.

Prosecutor Sello Maema said the court should impose bail of R5,000 on each of the accused, but Advocate Laurence, acting for the accused, said they had abided by their summonses and appeared in court, with Pillay and Van Loggerenberg even travelling internationally to appear. They were released on a warning.

Pillay and Van Rensburg are charged with violating the RICA Act for the unlawful interception of communication. The NPA says in 2007 they contracted Helgard Lombard to spy on the offices of the Scorpions and NPA.

Pillay and Van Loggerenberg are charged with corruption for allowing Lombard to benefit to the tune of R100,000 in “unauthorised gratification” after he was paid by the NPA to install surveillance equipment in their offices and the pair said he could keep the money. There is no evidence that the NPA knew Lombard was working with SARS.

Werksmans Attorney Bernard Hotz, representing the trio, said they believe they are innocent and are “aggrieved” and “humiliated” at being called to defend themselves. He pointed out that they were charged with the same case number as that of the failed case against former SARS boss Pravin Gordhan.

“It would appear, unfortunately, that there are ulterior agendas,” said Hotz alongside his clients outside court. Suspended SARS commissioner Tom Moyane laid the charges against Gordhan and the other officials. Moyane was accused of leading a purge against those who could challenge his and former president Jacob Zuma’s allies.

NPA spokesperson Phindi Louw said the prosecution was legitimate.

“We have an obligation as the NPA to subject the accused to a fair trial and so far we have done that,” she said. “The state enrolled this matter in court because there were some criminal elements acknowledged. I can confidently say that there are no external forces outside of the NPA that are making all this happen.”

President Cyril Ramaphosa appears determined to tackle the rot at SARS and Pillay was tipped to make a return. OUTA’s Wayne Duvenage has said the charges were probably brought “to prevent the trio from being re-employed at SARS for as long as possible. It’s no secret that if the return of these three ex-employees was to happen, it would not take long for Van Loggerenberg and Pillay to re-open and advance the many cases of tax evasion and unlawful conduct against connected people and known criminals”.

The “SARS Wars” were a key element in the broad allegations against Zuma and his allies to capture state institutions, to loot them and use them to provide protection from prosecution. The allegations against Pillay, Van Loggerenberg and Van Rensburg are closely intertwined with attempts by the NPA and Hawks to frustrate Gordhan while as finance minister he challenged Zuma.

Black First, Land First (BLF) members also spoke outside court on Monday, apparently there facing charges for occupying the Public Protector’s office calling for the completion of the investigation into the CIEX report.

“It was a whole criminal mafia arrangement run by Pravin Gordhan,” said BLF leader Andile Mngxitama. While Hotz addressed the media alongside his clients, BLF supporters yelled “Hands off Zuma! Arrest De Klerk!”, “They must rot in jail!” and “One settler, one bullet!” DM

Photo: Former SARS deputy commissioner Ivan Pillay (C) arrives at the head offices of the Hawks police unit after South African Finance Minister, Pravin Gordhan, failed to appear before the South African Police Forces offices in Pretoria , South Africa, 25 August 2016. EPA/Kim Ludbrook