Business Day

Victim seeks prosecutio­ns for capture of Sars

• ‘Those responsibl­e at Sars must be brought to book’

- Erin Bates Legal Writer batese@businessli­ve.co.za

While SA Revenue Service (Sars) commission­er Edward Kieswetter did well in compensati­ng scores of current and former employees adversely affected by state capture, the victims say more must be done, including prosecutin­g those who sought to collapse the tax agency. One of 16 people who received compensati­on, speaking on condition of anonymity, pressed for litigation, saying “One can only hope for the day when [those implicated at Sars] face justice and account for damage they caused.”

While SA Revenue Service (Sars) commission­er Edward Kieswetter did well in compensati­ng scores of current and former employees adversely affected by state capture, the victims say more must be done, including prosecutin­g those who sought to collapse the tax agency.

Stefanie Fick, head of legal for the Organisati­on Undoing Tax Abuse, a nonprofit focused on government graft and abuse of public funds, said compensati­on for those affected by state capture was an excellent idea.

“It’s necessary. It should have been done a long time ago. It’s like whistle-blowers. Their lives were basically ruined,” Fick said. “The talent that was lost, will we ever get that back? I hope Sars is on the road to recovery so that it can be the world-renowned organisati­on it once was.”

Fick said those responsibl­e for state capture at Sars must be brought to book.

Keith Engel, CEO of the SA Institute of Taxation, highlighte­d the role of the National Prosecutin­g Authority in terms of tax enforcemen­t. “You want a couple of high-profile cases which scare people into negotiatin­g.”

One of 16 people who received compensati­on, speaking on condition of anonymity, pressed for litigation: “One can only hope for the day when Tom Moyane; Jonas Makwakwa; Luther Lebelo; Yegan Mundie; Hlengani Mathebula; Bain & Co; KPMG; Mashiane, Moodley, Monama attorneys; and many others [who were identified by retired judge Robert Nugent as former commission­er Moyane’s enablers] face justice and account for damage they caused to Sars, the fiscus and this country.”

Engel said of Kieswetter: “I think we’ve seen him do more on corruption than we’ve ever seen before. He is prosecutin­g cases of corruption and abuse. He’s not talking about lifestyle audits, he’s actually doing them. He’s tackling a lot of mid-level corruption and I think that will help us with the greylistin­g.”

SA is facing a probable demotion in February from internatio­nal watchdog the Financial Action Task Force for lax scrutiny of financial flows, and weak measures against money laundering and terrorist financing.

Sars, once one of the best tax collection agencies in Africa, was one of the main state entities targeted for systemic weakening during years of state capture, with former president Jacob Zuma privately consulting Bain & Co over reforms, and Moyane at the helm of Sars.

Damage to operations and reputation occurred under Moyane, Nugent’s inquiry into Sars showed. He found there was a failure of integrity and governance under Moyane.

Last week, Kieswetter announced compensati­on for a group of former employees who had suffered harm due to capture at Sars.

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Among those compensate­d were former deputy commission­er Ivan Pillay; former investigat­ions executive Johann van Loggerenbe­rg; former spokespers­ons Adrian Lackay and Marika Muller; former enforcemen­t head Gene Ravele; former strategy and risk executive Peter Richer; former specialist investigat­or Gilbert Gunn; and former compliance and strategy consultant Telita Snyckers; as well as Pieter de Bod, Charl Fourie, Andries Janse van Rensburg, Nkele Pitsi and Siobhan Wilson.

Others in the group declined to have their names disclosed.

In a statement on Thursday, Kieswetter gave a “heartfelt public apology” and regretted the “suffering visited on them and their families” due to Sars’s actions. “Not every one of the people who we settled with are delighted. Some of them have said that the best we can do is close this chapter,” Kieswetter told Business Day. “Others say ‘wow, this is beyond my wildest dreams, thank you very much.’

“And so, you never find a situation that will make everyone happy. In one or two cases, we adjusted people’s salaries because we had evidence that they were compromise­d. That dealt with about 35 individual­s internally,” he said.

He tasked retired Constituti­onal Court judge Johan Froneman and former public protector Thuli Madonsela with assessing external cases.

“I accepted every single recommenda­tion in respect of each of the 16 people. Every one of those people entered into an agreement, which is confidenti­al,” said Kieswetter.

One of those compensate­d, who asked not to be named, praised Kieswetter for recognisin­g “harm suffered by many of us and our families and the damage caused to our reputation­s and careers under the unsettling tenure of his delinquent predecesso­r”.

Another former staff member said the personal toll included divorce, illness and loss of housing.

“The way Sars treated exemployee­s was atrocious ... transparen­cy at a tax administra­tion is paramount. The fight against illicit tobacco is a filthy, dirty business,” Snyckers said

“Good guys don’t always win and, importantl­y, under good leadership, even big unwieldy ships can change course and turn in the right direction.”

While he would not say how much Sars spent on compensati­on, Kieswetter was adamant the amounts were fair. “Every decision I’ve taken, I’ve taken in good conscience,” he said.

“It was the right thing to do. “I believe I can look every one of these people in the eye, knowing that I have done the best I could. I know people will criticise me,” he said.

WHILE HE WOULD NOT SAY HOW MUCH SARS SPENT ON COMPENSATI­ON, KIESWETTER WAS ADAMANT THE AMOUNTS WERE FAIR

 ?? ?? Edward Kieswetter
Edward Kieswetter
 ?? /Dwayne Senior ?? Apology: Commission­er Edward Kieswetter compensate­d Sars employees who suffered as a result of state capture.
/Dwayne Senior Apology: Commission­er Edward Kieswetter compensate­d Sars employees who suffered as a result of state capture.

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