Tom Moyane denies laying charges against Gordhan

South African Revenue Service (Sars) commissioner Tom Moyane continues to deny that he laid a criminal complaint against former finance minister Pravin Gordhan relating to the early retirement payout for the tax authority’s former deputy commissioner, Ivan Pillay.

In court papers filed on Tuesday to the High Court in Pretoria, Sars official Vlok Symington reportedly attached documents showing that Moyane opened a case at Brooklyn Police Station (CAS 427/5/16). The same docket was later used to bring fraud charges against Gordhan, TimesLIVE reports.

According to the report, Moyane did not give police any names when he opened the case, but instead asked for an investigation as he believed some crime was committed. However, the case has raised questions about why the Sars commissioner has not publicly clarified his exact intentions in opening the Brooklyn case.

Earlier this month, Symington approached the high court for a declaratory order and an urgent interdict against a pending disciplinary action against him. Symington was the subject of a hostage drama on 18 October 2016, when he was held against his will by members of the Hawks and a bodyguard of Moyane’s‚ Thabo Titi.

Symington authored the legal memorandum in 2009 that confirmed Pillay’s early retirement was above board, which led to the fraud charges against Gordhan being withdrawn by the National Prosecuting Authority (NPA) on 31 October last year.

In his replying affidavit, Symington reportedly states the following: “I allege in my founding affidavit that Moyane‚ in his capacity as Commissioner‚ laid a criminal complaint against inter alia Gordhan et al during 2015.”

He also cited a news conference by former police minister Nathi Nhleko where Nhleko confirmed the complainant in the fraud case against Gordhan is Moyane – as well as a statement issued by the NPA confirming the same.

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