Lebelo turns against ‘rogue unit’ law firm

LUTHER Lebelo – the alleged “hitman” of suspended South African Revenue Service (Sars) commissioner Tom Moyane – has turned against the law firm which billed him R1million to produce a report about the existence of a “rogue unit” at Sars.

Yesterday Lebelo, Sars’ group executive for human resources, made a dramatic about-turn when he distanced himself from a “rogue unit” report compiled by law firm Mashiane, Moodley & Monama Inc.

“They (the law firm) have exceeded their mandate. I never asked them to compile a report on the rogue unit. It was not part of the brief. I just asked them to fetch the files they were using for the disciplinary cases against some of the officials.

“I asked them to dust off those files in their possession and hand over the files to the commission,” Lebelo told the Nugent Commission.

Lebelo’s testimony was in stark contrast to a letter, dated August 22, from the law firm to him. Judge Robert Nugent was provided with a copy. In the letter, the law firm’s representative David Maphakela clearly outlines their mandate, which included compiling a report on the existence of a rogue unit at Sars. The letter also accuses the commission of bias against Lebelo.

But Lebelo distanced himself from the letter and the R1m bill.

“Sars has not paid the law firm. I was initially charged R1m and I queried the amount. They reduced the amount to R759000, saying they did not do a quality check. I am still going to challenge the R759000.

“I joked with one of my colleagues that these claims are some of the things we need to report to the law society,” Lebelo said.

He also denied that in 2015 he insisted that former Sars acting commissioner Ivan Pillay should be disciplined for his involvement in the rogue unit, despite legal advice to the contrary.

Lebelo also admitted that Moyane had got legal advice in September 2015 from advocate Wim Trengove that reports of a rogue unit were false.

Earlier, however, Maphakela confirmed the content of the letter to Nugent, which states that their brief from Lebelo included linking former Sars strategist Peter Richer to the unit.

He said they had compiled a report on how Richer had allegedly recruited other senior Sars officials to join the rogue unit.

However, Maphakela yesterday refused to give oral evidence. He testified through his legal counsel, advocate William Mokhari SC, that the commission could not call a person to testify orally. He said an affidavit, which he submitted, was also one of the mechanisms to obtain information from a witness.

The judge, however, rejected his submission and ordered him to testify orally, but he refused. Mokhari told the judge that Maphakela would approach the high court to challenge his order.

Nugent warned him about the risk of facing prosecution for his refusal to give oral evidence. The judge and his panel, as well as the evidence leaders, wanted Maphakela to explain the law firm’s decision to charge R1m for the rogue unit report.

The hearing continues.