Moyane gets a secret unit of his own
THE South African Revenue Service has set up a secret unit to investigate employees who are suspected of being involved in corrupt activities in the tobacco industry.
An internal memo seen by the Sunday Times reveals that the unit has been mandated to conduct undercover operations, set up agent traps and intercept the communications of SARS employees thought to be involved.
According to the September 1 memo, a fund has been set up to provide its operational budget.
The unit has raised eyebrows in SARS as it was authorised by commissioner Tom Moyane — even though he complained about a similar unit that existed during Pravin Gordhan’s tenure as head of SARS.
Moyane’s complaint sparked a Hawks’ investigation against Gordhan, Ivan Pillay, Johann van Loggerenberg and others.
In the memo, senior manager Yegan Mundie details the operations of the new unit, including that its members be seconded to the Hawks as part of the “anti-corruption and security” special projects team.
Mundie further states that the office of SARS chief officer of enforcement Hlengani Mathebula should approve the cost of the covert operations, to be hidden under its cost centre.
According to Mundie’s memo, the unit would work with the Hawks, the National Prosecuting Authority and police crime intelligence to pursue SARS officials believed to be part of a syndicate allegedly victimising competitors of cigarette giant British American Tobacco through “illegal searches, audits, raids, illegal interception of communication and seizures”.
He says the unit, which has been allocated pool cars, would temporarily be allocated a boardroom at SARS’s head offices until “a safe house has been identified for the task team”.
Mundie’s unit has been accused of replicating the operations that were conducted by SARS’s high-risk investigations unit, which uncovered incriminating evidence of a so-called “tobacco task team” between October 2013 and June 2014.
SARS spokesman Sandile Memela on Friday confirmed the new unit but said there was nothing untoward about it.
“The comparison with the so-called rogue unit suggests that official SARS employees are engaged in illegal and unauthorised activities.
“We wish to put it [on] record that these officials are SARS staff doing legitimate SARS work.
“They operate from SARS offices and conduct their work in full view of other SARS employees,” said Memela.
He denied plans for a safe house and said SARS was not aware of any illegal activities by staff members.
But the Hawks have since returned an untraceable phone that Mundie gave to one of their officers, saying it was “improper” to have such a phone in their possession.
The Hawks had not responded to questions at the time of going to print.
Pierre de Vos, a professor of constitutional law at the University of Cape Town, said it was concerning that SARS had established the unit despite Moyane’s earlier complaints.
“If SARS has now again established such a unit, it suggests the original complaint was not based on a real concern, but was based on something else,” said De Vos.
He said that while there was no criminal offence in establishing an investigative unit, “the interesting question is [whether] it is complying with legislation in gathering information”.
These officials are SARS staff doing legitimate SARS work