Isn’t Moyane’s fringe benefit of paid legal defence taxable?

Former Sars commissioner Tom Moyane speaks during a press briefing held at Sars offices in Pretoria on 14 March 2018. Picture: Jacques Nelles

Former Sars commissioner Tom Moyane speaks during a press briefing held at Sars offices in Pretoria on 14 March 2018. Picture: Jacques Nelles

Essentially, Moyane wants taxpayer money to defend himself against his employer.

It comes as no surprise that suspended SA Revenue Services (Sars) Commissioner Tom Moyane is fighting against President Cyril Ramaphosa’s moves to oust him permanently from office. Nor, given the conduct of ANC apparatchiks in the past, does it surprise us that Moyane’s legal bills – for his challenge of his suspension – will be footed by the taxpayer.

It is clear that Moyane’s fate is due to the political and administrative house cleaning, which Ramaphosa promised when he took over as ANC president and then as president of the country.

Moyane and his comrades can bleat all they like about Ramaphosa having predetermined the action against Moyane because he was closely associated with Jacob Zuma. However, the fact remains: Moyane has to answer to serious allegations of corruption and failure to do his job.

But here is another thought. At the heart of this tussle is a relationship between an employer and an employee. Essentially, Moyane wants taxpayer money to defend himself against his employer.

Is this not, we would ask – and not only tongue in cheek – a fringe benefit accorded to the Sars commissioner? And should he not be expected to pay the full amount of tax due on it?

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