Public enterprises minister Pravin Gordhan's attempt to have a report by the inspector-general of intelligence removed from court papers in his fight against the EFF has failed. Picture: ESA ALEXANDER
Public enterprises minister Pravin Gordhan's attempt to have a report by the inspector-general of intelligence removed from court papers in his fight against the EFF has failed. Picture: ESA ALEXANDER

The EFF has welcomed a decision by the equality court to dismiss a bid by public enterprises minister Pravin Gordhan to have a report by the inspector-general of intelligence removed from his court battle against party leader Julius Malema.

The classified report dealt with an alleged “rogue unit” at the SA Revenue Service (Sars).

The party said in a statement that the court’s decision meant that the report of the inspector-general of intelligence on the “rogue unit” remained part of the court record and was public.

The report was attached to court papers by the EFF in its response to a hate-speech complaint laid by Gordhan over statements made by Malema in November 2018.

Gordhan said Malema’s statements were intended to be hurtful, incite harm, promote hatred, and thus constituted hate speech, as contemplated by the Equality Act.

“We welcome the opportunity given by this judgment for the inspector-general of intelligence rogue unit report to be deliberated in the open public court,” the EFF said.

The party said the public protector and the inspector-general of intelligence had both found that Gordhan “ran an illegal intelligence unit within Sars” and both determined he must be prosecuted.

“Today’s judgment is a victory of accountability against an individual who feels above the law,” the EFF said.