Cape Times

I did not purge officials at Sars – Lebelo

Denies being Tom Moyane’s ‘henchman’, wants to set record straight by appearing at commission of inquiry

- BALDWIN NDABA baldwin.ndaba@inl.co.za LUTHER LEBELO Sars’ group executive

THE senior Sars official fingered by several witnesses in an ongoing inquiry for plotting to fire other officials, instead pointed the finger the other way.

“I did not purge officials at Sars,” said group executive for employee relations Luther Lebelo testifying at the Nugent Commission of Inquiry into Sars.

Lebelo, along with former Sars chief operating opfficer Jonas Makwakwa are being blamed for waging a campaign to rid the tax collector of experience­d investigat­ors, auditors and lawyers who blocked the tobacco smuggling and illicit flow of money allegedly for their own personal interests.

The commission had, since its inception, heard evidence from various witnesses, of how institutio­ns which fought organised crime were dismantled.

Former Sars deputy commission­er Ivan Pillay also testified how he was pushed out on the grounds that he set up a “rogue unit” to spy on several high-profile people, especially former president Jacob Zuma.

During his testimony, the confident-looking Lebelo was adamant that he had no role, as head of employee relations at Sars, in a decision to discipline Pillay for his alleged role in the formation of the “rogue unit”.

He said while he was group executive employee relations, such a decision could have been made by suspended Sars commission­er Tom Moyane and the head of human resources, who reported to him.

Lebelo said it was a normal occurrence at Sars that Moyane would bypass him on numerous labour matters but that did not bother him.

He said he first heard allegation­s that he was “Moyane’s henchman” in media reports and that prompted him to volunteer to appear before the commission and set the record straight.

“I had good working relations with them. I was never part of Commission­er Tom Moyane’s henchmen at Sars. I read about it in the media,” he insisted.

He said the decision to charge Pillay came after an independen­t senior counsel confirmed the findings of the Sikhakhane panel report in 2014 that a “rogue unit” was illegally and unlawfully set up at Sars.

Lebelo said the senior counsel’s corroborat­ion of the Sikhakhane findings led to the suspension of Pillay and other officials who were accused of being part of the “rogue unit”.

It appeared that little did he know that the evidence leaders led by Advocate Carol Steinberg had an ace up their sleeves.

Advocate Steinberg produced a memorandum dated April 29, 2015 in which the same senior counsel advised him personally that there was no substantia­l evidence to support the allegation­s of the existence of a “rogue unit”.

Of the memorandum, Lebelo, despite legal opinion, insisted that Pillay should be discipline­d for his role in the alleged “rogue unit”.

“Our client (Luther Lebelo) insisted on going ahead with the charge,” the memo stated.

Initially, Lebelo denied knowledge of the memorandum, but later retracted it.

Due to that incriminat­ing revelation, he asked Judge Nugent to allow him until today to explain his decision to continue charging Pillay despite legal advice.

I had good working relations with them. I was never part of Commission­er Tom Moyane’s henchmen at Sars.

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