Disciplinary Charges Served Against Former SARS Boss Tom Moyane

Suspended SARS Commissioner Tom Moyane has been served with disciplinary charges, the Presidency announced on Friday.

tom moyane
Tom Moyane Image: Twitter/FREDDY MAVUNDA

This relates to alleged misconduct in violation of his duties and responsibilities in terms of the South African Revenue Service Act, Public Finance Management Act and SARS Code of Conduct.

The Presidency said Monyane was served with the charges on Thursday.

According to the Presidency, retired Constitutional Court Judge Kate O’Regan has been appointed as presiding officer for the disciplinary inquiry.

“The disciplinary inquiry relates to alleged leadership and organisational failures.”

The Presidency said the inquiry will be conducted in writing “to make findings, subject to the presiding officer’s discretion to hear oral evidence. This approach has been chosen to ensure a procedurally fair and speedy disciplinary process.”

A separate process through the establishment of a Commission of Inquiry, will focus on tax administrative issues like VAT refunds and shortfalls in revenue in the past two financial years.

More details on the Commission of Inquiry will be published shortly.

President Cyril Ramaphosa relieved Moyane of his duties in March, citing the handling of the Jonas Makwakwa scandal, as well as VAT repayments to Gupta-linked companies as some of the reasons for his suspension.

The DA said it welcomes the “long overdue” move, and that they have confidence in O’Reagen.

Alfred Lees, DA Shadow Deputy Minister of Finance, said: “Mr. Moyane must be held to account for his role in the erosion of institutional governance at SARS and the decline in tax morality due to low public trust in the tax revenue service…

“Early signs of institutional restoration are already evident under the acting SARS Commissioner, Mark Kingon and we hope that he will be given all the necessary support to help refocus SARS to deliver on its core mandate without fear, favour or political interference.”

Sources: SANews.gov.za and DA