Moyane the first to take stand

Suspended SA Revenue Services (Sars) commissioner Tom Moyane, pictured, is today appearing before the Commission of Inquiry into Tax Administration and Governance by Sars. The commission is headed by retired Judge Robert Nugent.

Moyane is expected to present his side of the damning accusations of maladministration at Sars.

At the top of his problem list will be former acting Sars commissioner Ivan Pillay’s testimony that Moyane used the Sikhakhane Report, despite being informed by Pillay it was fundamentally incorrect in fact and law – and covering it up.

Pillay said he was shocked when he eventually received it from Moyane nearly a week after he had received it. Subsequently, he produced a critique of the report and sent it to Moyane with a covering note which said it erred in fact and in law.

“I told him [Moyane] to be very careful about the report,” Pillay said.

Moyane’s response to the critique? “I acknowledge receipt of your envelope with two sets of documents. I have not read the 34-page document [the critique].

“I cannot approve your request to circulate the report to the chief officers. At this stage, I do not consider it appropriate that you share your views with the chief officers as this could be construed as an attempt to influence or impose your views on them,” Pillay said, reading from a memo. He said he and Pete Richer were suspended the next day.

Pillay’s suspension was overturned in the Labour Court, and he said the judgment was notable in that it found the so-called “rogue unit” – High Risk Investigative Unit – was approved by then finance minister Pravin Gordhan and the Sikhakhane Report had no findings, which KPMG and Sars subsequently ignored.

Pillay said he thought overwhelmingly, the high risk unit did the right thing.