Cape Times

‘House must appoint Sars boss’

- Baldwin Ndaba

CALLS are mounting for a new SA Revenue Service (Sars) commission­er to be appointed by Parliament.

Nishana Gosai, formerly manager of the Sars transfer pricing unit, was the latest to make the call when she appeared before the Nugent Commission of Inquiry tasked to investigat­e tax administra­tion and governance at the revenue agency.

Gosai, like other ex-Sars officials who have testified before the commission, led by retired Judge Robert Nugent, said difficulti­es with her work began following the appointmen­t of commission­er Tom Moyane, who is under suspension, in September 2014.

Gosai said the ascendancy of Moyane was allegedly characteri­sed by the collapse of authentic Sars units, including the compliance unit, which led to major companies and wealthy individual­s not paying taxes and the apparent gross violation of legislatio­n governing Sars.

Gosai’s unit was located within the large business centre (LBC), whose primary duty was to ensure that multinatio­nals and large local companies were tax-compliant.

The commission has heard that prior to Moyane’s arrival, the LBC generated more than 30% of South Africa’s annual revenue collection.

Gosai told the commission her team of 25 officials had committed themselves to ensuring that equitable and fair transfer pricing was undertaken by multinatio­nal companies.

She said the dismantlin­g of the LBC in October 2015 had severely affected her unit and demoralise­d her staff, adding they had not been consulted prior to the introducti­on of a new operationa­l model at Sars.

She said prior to her resignatio­n in June 2016, the LBC had been experienci­ng a

It should not be a decision of the ruling party

decline in revenue collection, and that was attributed to the exodus of highly skilled officials and their superiors’ interferen­ce in their work.

Gosai was adamant that Moyane and his executive council had seriously interfered in the smooth running of affairs at Sars.

She and other staff “were caught up in a political narrative” that badly affected the people of South Africa.

“The appointmen­t of the Sars commission­er should not be a political decision. It should not be a decision of the ruling party. We are South Africans regardless of our political affiliatio­ns,” she said.

She said her resistance to the interferen­ce caused more trouble for her. “I left Sars after being put through a vexatious process. Sars spent more than R400 000 to put me through that process. I was intimidate­d and bullied, which forced me to involve the police in the matter,” Gosai said, declining to give further details.

Concluding her submission, Gosai asked the commission to recommend that the appointmen­t of a future commission­er should be made by Parliament, and that the incumbent’s role, including reporting lines, should be clearly defined.

In June, former Sars acting commission­er Ivan Pillay, during the commission’s first set of hearings, also called for a future commission­er to be appointed by Parliament.

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