Sars to appeal reinstatement of women who blew whistle on Bain

The South African Revenue Service (SARS) says it will appeal the Johannesburg Labour Court’s judgment to reinstate two former executives who were dismissed “for operational requirements.”

Sars thinks another court will rule differently

The tax collector says it has taken note of the judgment on the matter between Mashilo and Seremane v the Commissioner of Sars which relates to an incident that dates back to 2015 during the tenure of the former Commissioner Tom Moyane.

“After studying the judgment, Sars, on the advice of counsel, has opted to note an appeal against the above judgment.

“Sars believes that the court made a material error in arriving at its conclusion. In this regard, Sars believes that another court will come to a different conclusion given the issue.”

Sars says it will not be commenting further on the matter.

ALSO READ: Sars executives reinstated to their previous positions

Dissmals’s unfair, labour court rules

Johannesburg Labour Court Acting Judge Smanga Sethene ruled the dismissals of Hope Mashilo and Tshebeletso Seremane were unfair.

“Courts should not be meek and gentle when confronted with instances that have all the traits of any attempt to keep women subjugated in any form at workplaces,” he said.

The court said their sin was to question the integrity of the restructuring by then commissioner Tom Moyane with management consulting firm Bain & Company as a service provider.

Mashilo had been a whistle-blower and had made a protected disclosure about the hiring of Bain by then Sars commissioner Moyane.

Sethene said Sars “deserves the utmost censure” for not settling the matter with the two women in light of the negative public findings on the appointment of Bain and the fact that Bain had reimbursed the fees earned.

The two women were shafted in 2017 by former Sars commissioner Moyane during “restructuring” imposed by now disgraced Bain & Co.

Mashilo and Sereman challenged their dismissals and sought reinstatement.

Additional reporting by Tania Broughton, GroundUp

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