Business Day

KPMG the rogue in the story of SARS’s debasement

- Natasha Marrian marriann@bdlive.co.za

When news of an alleged “rogue unit” at the South African Revenue Service (SARS) surfaced in 2014, no one could have anticipate­d how wholly discredite­d that story would be just two-and-a-half years later.

In 2014, this newspaper reported extensivel­y on the two narratives in the public domain.

One was about a sterling example of government excellence sinking under the weight of long-hidden scandals — the central skeleton was a murky covert unit that spied on the president and ran a brothel.

The other was that political forces were trying to discredit SARS and key officials in order to capture institutio­ns in the financial cluster to promote self-accumulati­on and looting.

Now, it is clear that SARS was the first institutio­n captured by those bent on looting — and if we connect the dots, we see that next in line was the Treasury, then the South African Reserve Bank. And now, the Financial Intelligen­ce Centre and the Public Investment Corporatio­n are also at risk.

KPMG was at the heart of the capture of SARS and its now wholly discredite­d report on the rogue unit was the fodder for charges against former finance minister Pravin Gordhan and the continued harassment of former SARS officials by the Hawks.

It was a narrative that set comrades against each other. But its ramificati­ons were not only felt in the halls of power — journalist­s, media houses, media owners and editors all buckled beneath its weight.

And now, KPMG would like SA to think that it did nothing wrong in the probe into the alleged rogue unit, that it simply failed to “appropriat­ely apply our own risk management and quality controls”.

The public relations waffle in its statement is weak and meaningles­s and makes no mention of the fact that it played a central role in the capturing and destructio­n of SARS, which will affect every taxpaying South African. It is far from enough and every taxpayer should demand more from the private firm that enabled the impotence of the tax agency.

Its statement refers only to the finding against Gordhan, which, let’s be honest, the auditing firm sucked out of its thumb. There was not a shred of evidence in the report to support the finding.

Judging by the latest findings on refunds by the tax ombudsman, the evidence of the destructio­n wrought by KPMG on SARS and other organisati­ons is beginning to bear fruit. KPMG did not simply provide a report that caused individual­s to be kicked out of an institutio­n, it enabled a complete overhaul of the institutio­n and it did so intentiona­lly.

It does not explain why recommenda­tions that made their way into the final report had been sent to the firm from SARS’s attorneys, which instructed KPMG what findings and recommenda­tions to make.

The memorandum instructed the auditors to make clearer findings of guilt against certain individual­s. This does not sound like poor quality control, but fraud.

The recommenda­tions and findings of the report quote verbatim from the memorandum, which is a rather dubious state of affairs.

Nowhere does KPMG admit its conflict of interest when taking up the SARS contract. A tobacco company that formed part of the sordid mess was also a KPMG client at the time. The firm failed to mention this during and after the submission of its final report, which was leaked to the Sunday Times in December 2015.

A further question to ask is whether KPMG has made its newly found disclosure on “risk management and quality controls” available to the government, which relied on the report when Gordhan received 27 questions on the eve of the 2016 budget.

State Security Minister David Mahlobo and then police minister Nathi Nhleko relied on informatio­n about equipment procured by the alleged unit that was contained in the KPMG report when briefing the media on the Hawks investigat­ion into the so-called rogue unit in 2016.

SARS commission­er Tom Moyane also laid charges against people implicated in the alleged unit using the KPMG report as a basis.

The report not only damaged SARS irreversib­ly but also led to investigat­ions into former commission­ers Gordhan and Oupa Magashule and other key officials. It was the source of informatio­n about the pension payout to former SARS deputy commission­er Ivan Pillay, for which charges against Gordhan, Magashule and Pillay were lodged and then dropped in 2016.

The KPMG report is also the source of the version of the allegation­s on the bugging of the National Prosecutin­g Authority offices, for which Gordhan, Pillay and others may yet be charged.

The findings and recommenda­tions on “Project Sunday Evenings”, as the alleged bugging was dubbed, were literally cut and pastes, spelling errors and all, from the memorandum from the SARS attorneys on the final report.

So much for independen­t forensic investigat­ion — which leads to yet another way KPMG sought to sidestep questions about why it failed to interview anyone implicated in its report. It had changed its mandate from a “forensic investigat­ion” to a “documentar­y review”.

In December 2014, after the suspension of key officials at SARS based on the findings of an internal investigat­ion headed by advocate Muzi Sikhakhane, Business Day asked the tax agency why certain officials were suspended when there were no findings against them in the internal probe.

Then spokesman Luther Lebelo replied that the officials had been suspended based on findings by KPMG as well as SARS senior counsel.

It is clear that from the beginning there was an acute awareness from the new leadership of SARS that KPMG would do their bidding — Lebelo’s response was received just as the firm was beginning its investigat­ion.

We also now discover that KPMG had an 18-year relationsh­ip with the Gupta family — its usefulness was well establishe­d by the family and its allies. It cannot therefore say it “had no political motivation or intent to mislead”, as it did in the statement last week.

Its actions had far-reaching political ramificati­ons for which it has yet to answer.

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 ?? /Thulani Mbele ?? Lost out: The campaign leading to Pravin Gordhan’s ousting as finance minister was based largely on findings by KPMG on an alleged rogue unit at SARS.
/Thulani Mbele Lost out: The campaign leading to Pravin Gordhan’s ousting as finance minister was based largely on findings by KPMG on an alleged rogue unit at SARS.

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