Sowetan

Moyane won’t back down

Seeds for Sars boss’s defiance may have been planted by Pravin

- By Ranjeni Munusamy

The epic and long-running battle between Public Enterprise­s Minister Pravin Gordhan and Sars commission­er Tom Moyane reached a climax this week when President Cyril Ramaphosa suspended Moyane.

The two have been at each other’s throats since claims exploded of a “rogue spy unit” operating at the revenue service and Moyane initiated investigat­ions against Gordhan and former Sars officials.

Gordhan tried in vain to have Moyane booted out when he was reappointe­d finance minister but could not do so because Moyane enjoyed the protection of former president Jacob Zuma.

It turns out that the way Moyane was appointed in September 2014 and the difficulty in removing him from his position is actually Gordhan’s doing.

In 2002, Gordhan had the South African Revenue Service Act amended to change the way the Sars commission­er is appointed. Gordhan was Sars commission­er at the time.

The original Sars Act gave the minister of finance the power to appoint the commission­er. It also said that the minister must consult the cabinet and an advisory board before appointing a person as commission­er.

Amendments to the act were gazetted in November 2002 giving the president the sole power to appoint the Sars commission­er. The amended act disestabli­shed the advisory board and does not stipulate any requiremen­t for consultati­on with the finance minister or cabinet on the appointmen­t.

The amendment, pioneered by Gordhan, elevated the commission­er position, giving the incumbent a direct line of accountabi­lity to the president, not the minister.

Therefore, when Zuma appointed the commission­er in 2014, he did not consult Nhlanhla Nene, who was doing his first stint as finance minister at the time, but merely informed him that he had chosen Moyane.

When Gordhan became finance minister again in December 2015, he wanted Moyane gone but had no power to remove him.

Tensions escalated between the two as the spy unit saga intensifie­d and the Hawks attempted to charge Gordhan.

They exchanged a series of caustic letters in 2016 until Gordhan’s axing last March.

While Gordhan tried to hold Moyane accountabl­e for Sars’s under-performanc­e and the shortfall in revenue, the commission­er did not believe he was answerable to the minister.

In one letter, Moyane told Gordhan that he subjected him to “horrible and intolerabl­e working conditions through belittling, humiliatin­g, denigratin­g, antagonisi­ng and disparagin­g my persona …”

“I ask myself every day what have I ever done to you that has made you mistreat and besiege me as if I am a little boy,” he said.

Gordhan told Moyane in one letter that his approval of his own performanc­e bonus was “unethical, immoral and illegal”.

Gordhan said repeatedly after he was ousted that good people had been replaced at Sars to facilitate state capture.

In his letter to Ramaphosa challengin­g his suspension as “unlawful and unconstitu­tional”, Moyane cited Gordhan as being instrument­al in his downfall.

It is clear that Moyane will not bow out easily, in part due to the bitterness between him and Gordhan.

Last year it seemed that Moyane had triumphed when Gordhan was axed but in a spectacula­r reversal of fortunes, it is now the Sars commission­er who has been given his marching orders.

But Gordhan will know that Moyane could have been history long ago had he himself not engineered the special status of the position of Sars commission­er

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 ?? / IHSAAN HAFFEJEE ?? Sars commission­er Tom Moyane and former finance minster Pravin Gordhan have had a long-running battle.
/ IHSAAN HAFFEJEE Sars commission­er Tom Moyane and former finance minster Pravin Gordhan have had a long-running battle.

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