Legal steps might have to be considered if South African Revenue Service (SARS) commissioner Tom Moyane fails to release the Lovells and Motau reports within the next day or two, the Democratic Alliance said on Sunday.
The DA has written to parliament’s finance standing committee chairman Yunus Carrim, asking him to request Moyane to submit the Hogan Lovells and advocate Motau reports on Jonas Makwakwa before March 13 (Tuesday), DA spokesman Alf Lees said.
Moyane was scheduled to appear before the committee on March 13, and it was essential that these reports be submitted in time to enable parliament to perform its oversight function on the controversial circumstances that saw Makwakwa reinstated as the second in command at SARS.
“Should Moyane fail to submit the reports as requested, I will recommend that parliament consider taking legal action to force him to release the reports,” Lees said.
Makwakwa’s suspension, triggered by findings made by the Financial Intelligence Centre (FIC), was controversially lifted based on reports conducted by Hogan Lovells and advocate Motau. This was despite the fact that these reports did not investigate the allegations that the suspension was based on.
“Moyane has done everything in his power to protect Makwakwa, even to the point of misleading and possibly lying to parliament, as reported in the Daily Maverick on the 7th of March 2018,” he said.
The DA would ensure that Moyane’s appearance before the committee was used to make him account on why Makwakwa was reinstated after being suspended over serious allegations of involvement in illegal activates and financial crimes.
“Moyane must understand that the ‘jig is up’ and his attempts to further delay the release of the Lovells and Motau reports only serve to cast doubt over his suitability to continue leading the tax revenue service,” Lees said.
The FIC had red-flagged large payments into Makwakwa’s bank account and that of his girlfriend Kelly-Ann Elskie.
Makwakwa was reinstated in his position as Sars’ chief officer for business and individual taxes on November 1 after being suspended for a year. Moyane reiterated that Makwakwa had been cleared of misconduct in an investigation by law firm Hogan Lovells, who found that neither him nor Elskie had contravened Sars policy.