Lackay’s relationship with ‘elusive’ Sars boss under spotlight

In the last three and a half months former South African Revenue Services spokesperson Adrian Lackay worked for its head Tom Moyane during 2015, Lackay only managed to see him five times in the middle of the furore around the “rogue unit” allegations.

This came out under Lackay’s cross-examination by advocate Wisani Sibuyi, on Sars’ behalf, at Lackay’s constructive dismissal hearing at the Council for Conciliation, Mediation, and Arbitration in Johannesburg on Thursday.

Sibuyi caused consternation at the end of the day among Lackay’s legal team when he tried to introduce new evidence about Lackay sending out his CV in November.

Advocate Paul Pretorius objected to it as it had not been part of the discovery process where the opposing sides shared documents with each other before the hearing.

CCMA commissioner Joyce Nkopeni eventually allowed it, and had to allow Lackay to consult with his legal team in order to prepare for it, and declared she didn’t want a free for all if she allowed the one document.

However it is believed Sibuyi may submit up to 27 new documents on Friday which could drag the process out even longer, as Pretorius is hoping to cross examine Moyane at a stage.

Sibuyi spent much of the day quizzing Lackay – who had testified he had battled to gain audience with Moyane – about how much of an effort Lackay had actually made to reach Moyane.

“In his first month, regularly, when he was in office and available to see me, difficult to put a number to that question,” said Lackay.

READ MORE: Lackay airs Sars’ dirty laundry at CCMA 

When asked how often in the following months, Lackay said he wouldn’t speculate how many times he had seen Moyane however during November it was “exceedingly less”.

“I would go regularly to see if he was available and would be informed by his staff he was not available, but I submit the details of his program were not regularly explained to me. It may be I didn’t have opportunity to meet him more than five times. I went to see him far more than that but he was always unavailable,” Lackay said.

When Moyane moved his office to Hilton House in Brookside, Lackay said instead of the 30 meters his office was from previous commissioners, he now had to leave Sars’ head office – called Le Hae – and walk to another building where he had to pass two security access points, catch a lift, then pass through a third access point, all the while escorted by a security guard.

Previously, testified Lackay, he had enjoyed unfettered access to his bosses.

“I frequently tried to see him from December, by November it became known to us the  commissioner had moved to other premises. After October 12 can’t recall seeing him in the main building more than once or twice,” Lackay said.

Lackay denied “emphatically” he had not tried to establish a relationship with Moyane and said he had communicated by phone calls and emails, even having the commissioner’s Yahoo account.

“If it was urgent and I couldn’t find him, I would email him and at times people in his office to let him know of the issue,” said Lackay.

He said he had never sent an SMS when looking for Moyane after being told he was unavailable.

“I’m his subordinate, when I’m told he’s unavailable I must accept that. I would make arrangements to alert him by emailing him,” Lackay said.

“He did respond to me on certain occasions.”

Sibuyi said he intended to argue Lackay had never made an effort to access Monyane in order to establish a core relationship. Lackay denied this.

The hearing continues on Friday.

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