Business Day

Charge sheet claims Moyane tried to thwart investigat­ion

• Lawyers for suspended SARS commission­er consider taking Ramaphosa to court to overturn disciplina­ry inquiry

- Natasha Marrian Political Editor marriann@businessli­ve.co.za

The charge sheet presented to suspended South African Revenue Service (SARS) commission­er Tom Moyane indicates that he actively impeded the investigat­ion into unusual and suspicious transactio­ns in the bank account of his second in charge, Jonas Makwakwa, that were identified by a Financial Intelligen­ce Centre report.

It revealed that Makwakwa was permitted to return to SARS despite unanswered questions in the findings of the investigat­ion into the specific unusual and suspicious transactio­ns conducted by audit firm PwC.

President Cyril Ramaphosa, who suspended Moyane in March, indicated that he had lost confidence in the commission­er over his handling of the Makwakwa matter. This was about a week after Makwakwa resigned under a cloud when it emerged that a SARS service provider was among the companies listed as making payments into his personal bank account in the Financial Intelligen­ce Centre report.

Moyane faces charges of misconduct in violation of his duties and responsibi­lities linked to his handling of the allegation­s against Makwakwa, making unauthoris­ed bonus payments, misleading Parliament and instructin­g a SARS official not to co-operate with an inquiry by audit firm KPMG.

Moyane’s legal team is preparing a possible approach to the courts to challenge the disciplina­ry inquiry, his attorney Eric Mabuza confirmed on Sunday.

Before his suspension, Moyane wrote to Ramaphosa threatenin­g court action. He also requested that the president “urgently” set up an inquiry into the running of SARS.

According to the notice of disciplina­ry inquiry signed by Ramaphosa and sent to Moyane, the SARS commission­er failed to ensure that an investigat­ion into possible tax evasion or other breaches of the Tax Administra­tion Act by Makwakwa and his partner, Kelly-Anne Elskie, was conducted by SARS — the only effective entity that could investigat­e such issues.

HE IS ALSO ACCUSED OF ORDERING A SARS OFFICIAL TO FEIGN ILLNESS TO AVOID QUESTIONS

The notice further indicates that Moyane failed to co-operate with PwC, which was denied access to Makwakwa and Elskie’s laptops and cellphones.

The charges against Moyane include that he failed to provide PwC with records, documents and systems to investigat­e whether Makwakwa and Elskie violated SARS policies and the Public Finance Management Act. He also failed to ensure PwC was afforded access to all Makwakwa’s bank accounts for the purpose of the investigat­ion and failed to act on PwC’s recommenda­tion for further investigat­ion into whether Makwakwa violated foreign exchange regulation­s.

Moyane is said to have failed to obtain approval from former finance minister Pravin Gordhan for bonus payments to members of his executive as required by the SARS Act.

This failure resulted in the auditor-general finding against the institutio­n for “internal control deficiency and irregular expenditur­e”.

Moyane is also accused of misleading Parliament over Makwakwa when he said that Hogan Lovells had been appointed to investigat­e all issues and that he had no role in procuremen­t processes. He is also accused of ordering SARS official Helgard Lombard to feign illness on the day he was set to be questioned by KPMG on the controvers­ial rogue unit.

Retired Constituti­onal Court judge Kate O’Regan will chair Moyane’s disciplina­ry inquiry.

 ?? /Supplied ?? At centre: Former SARS second in charge Jonas Makwakwa. He was allegedly permitted to return to SARS despite unanswered questions in a probe into his unusual banking transactio­ns.
/Supplied At centre: Former SARS second in charge Jonas Makwakwa. He was allegedly permitted to return to SARS despite unanswered questions in a probe into his unusual banking transactio­ns.

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