Sars commissioner faces fraud charges

12th December 2016

By: Sane Dhlamini

Creamer Media Senior Contributing Editor and Researcher

  

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Nonprofit anticorruption organisation Corruption Watch (CW) has laid criminal charges against South African Revenue Services (Sars) commissioner Tom Moyane for fraud and corruption.

The charges relate to the matter involving alleged fraud and corruption committed by senior Sars employees, Jonas Makwakwa and Kelly-Ann Elskie.

In a letter addressed to Moyane in October, CW expressed its concern over the way in which the commissioner had handled the matter, and highlighted what it considered to be breaches of Section 34 of the Prevention and Combating of Corrupt Activities Act as well as sections of the Financial Intelligence Centre Act (Fica).

Moyane responded in a letter dated October 27, stating that the Directorate for Priority Crime Investigation (Hawks) had launched an investigation into racketeering and money laundering against the two employees.

However, he dismissed the allegations that Makwakwa and Elskie had breached Fica.

CW executive director David Lewis argued that the impunity enjoyed by politically well-connected people was the most serious impediment to effectively tackling corruption.

“We are determined that these charges, on the face of it clear violations of our anticorruption statutes, be investigated and prosecuted. If the Hawks and the National Prosecuting Authority fail in the performance of their duties, we will do all in our power to prosecute these ourselves,” he said.

CW wrote to both Financial Intelligence Centre director Murray Michell and Hawks head Lieutenant-General Berning Ntlemeza, to seek confirmation and clarity on aspects of Moyane’s response.

The Hawks have yet to respond on the matter.

CW said the lodging of these complaints was in the public interest, given the gravity of the offences which they suspected were committed by Moyane, Makwakwa and Elskie.

CW added that it was hoping that the relevant law enforcement agencies would take all necessary steps to ensure that the allegations were investigated and where necessary, prosecuted.

Edited by Sashnee Moodley
Senior Deputy Editor Polity and Multimedia

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