Business Day

Cabal aims for Pillay in the last kicks of a dying horse

- Natasha Marrian MarrianN@Businessli­ve.co.za

The resuscitat­ion of charges against former South African Revenue Service (SARS) officials Ivan Pillay and Johann van Loggerenbe­rg has largely been seen as the last kicks of a dying horse.

The “rogue unit” case at SARS was the first sign of the stepping up of the state-capture project, culminatin­g in the removal of Nhlanhla Nene as finance minister in 2015.

For nearly three years and after five investigat­ions, charges involving the unit have hovered over former SARS officials like a dark cloud.

Slowly, the narrative was rolled back — from the NPA’s embarrassi­ng about-turn in the charging of Public Enterprise­s Minister Pravin Gordhan in 2016, to KPMG retracting parts of its discredite­d report on the unit in 2017. Significan­tly, it also refunded the R23m SARS paid it for the work, which it used to cull the organisati­on of Gordhan loyalists since 2014.

Now SARS commission­er Tom Moyane faces an inquiry into his running of the organisati­on and is set to be grilled in Parliament over his handling of the allegation­s against his second-in-charge, Jonas Makwakwa.

The disciplina­ry action faced by Makwakwa, who was suspended over a Financial Intelligen­ce Centre (FIC) report detailing some R1.2m in suspicious and unusual transactio­ns into his account and that of his partner, Kelly Anne Elskie, cleared him of all charges. However, questions have been raised about the legitimacy of the process.

First, Moyane sat on the FIC report for four months and only acted on it after it was reported on by the Sunday Times. He then appointed Hogan Lovells to investigat­e the allegation­s. More than a year later the law firm admitted it was not mandated to investigat­e the very allegation­s for which Makwakwa was suspended — those contained in the report.

SARS conducted a “disciplina­ry process” based on recommenda­tions by Hogan Lovells, which eventually cleared Makwakwa of all charges and he returned to work. Makwakwa — according to the report on the disciplina­ry proceeding­s — faced six charges, none of which dealt directly with the allegation­s in the FIC report. Instead, he was charged with breaching his suspension conditions, bringing SARS into disrepute, exercising undue influence, breaching SARS internal ethics policy on conflict of interest and failing to declare properties and rental income.

The controvers­y over Makwakwa’s return to SARS is over the fact that he has not yet answered to the allegation­s in the FIC report, which include potentiall­y corrupt activities, yet he was allowed to return to the tax agency in the key post of head of the large business centre and individual taxes.

The report on the disciplina­ry process is nonsensica­l — a likely reason Moyane has been reluctant to share it with Parliament’s finance committee. SARS’s handling of the case against a senior official who allegedly contravene­d the country’s money laundering laws should be scrutinise­d. Instead, SARS jumped through hoops to ensure that Makwakwa did not answer to those allegation­s. This is in stark contrast to SARS’s handling of the alleged “rogue unit” narrative, which has been discredite­d.

Currently, President Cyril Ramaphosa, along with Nene — after his spectacula­r comeback — are moving to clean up SARS and return it to its former prominence. ANC insiders have long been uncomforta­ble with the erosion of the credibilit­y of the institutio­n under Moyane’s watch. Mcebisi Jonas is among those tipped as being considered for the interim task of cleaning up the institutio­n.

The move against Pillay, in particular, was probably aimed at ensuring he does not return to the institutio­n. Only when Moyane and his cabal are long gone will the true extent of the damage emerge. But this is unlikely to be as smooth a process as returning Nene to the Treasury. Moyane and his allies in the NPA, including its head, Shaun Abrahams, are resisting their inevitable downfall with recklessne­ss.

 ?? /File picture ?? Reluctant: SARS boss Tom Moyane has not been forthcomin­g on the report on a disciplina­ry process.
/File picture Reluctant: SARS boss Tom Moyane has not been forthcomin­g on the report on a disciplina­ry process.

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