The Mercury

Call for copy of inquiry report

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PARLIAMENT’S Standing committee on finance yesterday said it had sent official letters to SA Revenue Service (Sars) commission­er Tom Moyane and Finance Minister Malusi Gigaba, asking for a copy of a disciplina­ry inquiry report which cleared a senior Sars official.

Jonas Makwakwa, widely believed to be Moyane’s number two, was reinstated last week following a year’s suspension after the Financial Intelligen­ce Centre (FIC) flagged several suspicious payments into his bank account and that of another Sars employee, Kelly-Anne Elskie.

“Although we have no evidence that Mr Makwakwa and Ms Elskie are guilty of the allegation­s against them, we believe it is in the public interest that the report be released,” said committee chairman Yunus Carrim in a statement released yesterday.

“Given the role Sars plays, it has to be seen to be above reproach, and perception­s of irregulari­ties by its senior officials have to be effectivel­y addressed.”

The letters to Moyane and Gigaba were sent after consultati­on with Parliament’s legal services unit.

Carrim said given the diminishin­g public confidence in Sars, it was necessary for the revenue service to take the public into its confidence.

Shortfall

“With the projected shortfall of R50.8 billion in revenue for this financial year, we need to bolster public confidence in Sars more than ever. The statement issued by Sars that Mr Makwakwa is not guilty of the charges against him is terse and offers no justificat­ion for this decision.”

Makwakwa, chief officer: business and individual taxes, was suspended last year after the FIC submitted a report to Sars containing serious allegation­s against Makwakwa regarding how large amounts of money ended up in his bank account. Sars sought an outside legal opinion on the matter after Moyane put the decision to suspend Makwakwa on hold pending an independen­t investigat­ion.

Internatio­nal law firm Hogan Lovells was appointed to investigat­e the matter. Hogan Lovells submitted an investigat­ion report which recommende­d that disciplina­ry action be taken against Makwakwa. The law firm then appointed senior counsel, advocate Terry Motau, to chair the hearing.

“Sars wishes to confirm that advocate Motau, SC, has submitted the final report which found that Mr Makwakwa was not guilty of any of the charges levelled against him,” Sars said in a statement last week.

“This concludes the disciplina­ry action against Mr Makwakwa. As a result Sars will immediatel­y implement the outcome of the hearing as is. He will return to Sars to resume his position with effect from November 1, 2017.” – ANA

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