Criminal charges laid against Moyane, SARS officials

JOHANNESBURG – Corruption Watch has laid criminal charges against South African Revenue Service commissioner Tom Moyane.

The anti-corruption watchdog laid the charges on Monday against Moyane and two senior SARS employees, Jonas Makwakwa and Kelly-Ann Elskie.

The charges relate to fraud and corruption allegations against Makwakwa and Elskie.

Corruption Watch says it wrote a letter to Moyane in October expressing its concern over the way in which he had handled the matter, highlighting what it considered to be breaches of Section 34 of the Prevention and Combating of Corrupt Activities Act (Precca) as well as sections of the Financial Intelligence Centre Act (Fica).

The organisation says Moyane failed to report the matter to the Hawks.

Corruption Watch says Moyane responded two days later saying that the Hawks had launched an investigation into racketeering and money laundering against the two employees.

In addition, he stated that allegations of Fica breaches were untrue and that his actions were authorised by the legislation.

Corruption Watch said it had written to the Financial Intelligence Centre (FIC) director‚ Murray Michel‚ and to the Hawks head‚ Lieutenant-General Berning Ntlemeza, seeking clarity and confirmation of Monyane’s claims.

The FIC had responded, the Hawks had not.

“Corruption Watch is not satisfied with the contradictory statements made by Moyane and by the Hawks’ spokesperson in the media or by Moyane’s explanation in respect of breaches of Fica,” the anti-corruption watchdog said.

“Consequently, in the absence of any evidence to confirm averments made by Moyane, the organisation has no option but to proceed with lodging criminal complaints against the commissioner for failing to report these matters to the Hawks in terms of Section 34 of Precca as well as for breaching sections of Fica.”

Corruption Watch executive director David Lewis said: “It’s not clear if he’s reported it or if it’s indeed being investigated. He said on alternative occasions it is being investigated, but the Hawks have denied that.”