Business Day

SARS ‘hostage’ faces new action

- Genevieve Quintal and Natasha Marrian QuintalG@Businessli­ve.co.za; MarrianN@Businessli­ve.co.za

South African Revenue Service employee Vlok Symington has approached the High Court in Pretoria for a declarator­y order and an urgent interdict against a pending disciplina­ry action by his employer.

In his founding affidavit to the court filed on Thursday, Symington said he believed he had inadverten­tly found himself “at the centre of the political storm” surroundin­g former finance minister Pravin Gordhan, and the broader issues of state capture.

On Wednesday, news leaked that the Hawks were planning to continue investigat­ing the socalled SARS rogue unit.

Symington of the SARS legal and policy division provided a legal opinion in March 2009 on whether the revenue service was permitted to pay out former commission­er Ivan Pillay and rehire him on a contract basis — the basis of botched charges against Gordhan last year.

In this legal opinion, he gave Gordhan the go-ahead to pay Pillay out.

Gordhan was initially charged with fraud by the National Prosecutin­g Authority (NPA) for allowing the payout. However, the charges were withdrawn shortly afterwards.

In November last year, audio and video recordings were leaked of Symington allegedly being held against his will in a boardroom by Hawks staff and SARS commission­er Tom Moyane’s bodyguard.

They were trying to retrieve a printout of the e-mail in which a SARS lawyer said he could not be involved in the matter against Gordhan for ethical reasons.

The e-mail was erroneousl­y sent to Symington — reportedly by Moyane. This supported speculatio­n that the charges against Gordhan were politicall­y motivated and an attempt to capture the Treasury.

Now Symington is facing disciplina­ry action based on the “hostage” situation.

In his founding affidavit, Symington stated that the basis of the court applicatio­n was that he had made several disclosure­s that qualified as protected disclosure­s.

Symington had made statements to the Independen­t Police Investigat­ive Directorat­e and the NPA regarding the incidents involving the Hawks and Moyane’s bodyguard.

“As a result of having made these disclosure­s, I now face a disciplina­ry hearing and probable dismissal from my employment at SARS.

“I am advised that I qualify for protection from such actions, which all amount to ‘occupation­al detriment’, in terms of the PDA [Protected Disclosure­s Act],” he said.

Symington said in his affidavit that he had received an electronic diary invitation on Tuesday to attend a meeting with the subject line “notice of disciplina­ry hearing”.

At the meeting, he was handed a document with the same title and was notified that he faced charges of misconduct.

The meeting was attended by SARS chief legal officer Refiloe Mokoena, Symington’s direct superior, and Million Mbatha of human resources.

Symington said that during the meeting, Mokoena told him the instructio­n to charge him came “directly from Moyane himself”.

“I firmly believe that the reason for SARS seeking to find a basis to charge me with misconduct, is directly linked to the protected disclosure­s that I have made,” he said.

“Given my seniority within the organisati­on and the broader political ramificati­ons, I strongly suspect the effort to get rid of me must be sanctioned at the highest levels of the organisati­on.”

Symington said that he had also been advised by his lawyers to submit an unfair labour practice case to the Commission for Conciliati­on, Mediation and Arbitratio­n.

The matter had been set down for conciliati­on, but the revenue service was intent on proceeding with the disciplina­ry process, he said.

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Vlok Symington

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