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UPDATE, 22 May 2018: Kate O’Regan has been replaced by advocate Azhar Bham SC, after an objection by the legal team of Moyane. Moyane’s team had concerns about O’Regan’s impartiality in the matter.

Embattled former South African Revenue Service (Sars) commissioner Tom Moyane is to face disciplinary charges.

The Presidency announced last week that it has served Moyane with disciplinary charges relating to alleged misconduct in violation of his duties and responsibilities. Moyane will reportedly be charged in terms of the Sars Act, Public Finance Management Act and Sars Code of Conduct.

Corruption Watch board member and retired Constitutional Court judge Kate O’Regan will preside over the disciplinary inquiry, which will be conducted in writing to make findings, subject to the presiding officer’s discretion to hear oral evidence, according to the Presidency. This will ensure a “procedurally fair and speedy disciplinary process”.

In March 2018 President Cyril Ramaphosa suspended Moyane, a move that was welcomed by both civil society and labour.

“There is no individual that has caused greater harm to the interests of democratic South Africa than Tom Moyane,” said David Lewis, executive director of CW. “His conduct is little short of treasonous. He belongs behind bars and we will do our utmost to ensure that he gets his just desserts.”

Corruption Watch laid criminal charges against Moyane in 2016, in connection with his role in protecting Jonas Makwakwa from a proper investigation. With his girlfriend Kelly-Ann Elskie, Makwakwa was implicated, in a Financial Intelligence Centre (FIC) report, in suspicious financial transactions.

Moyane did not report the matter to the Hawks, as required of him in Precca, and he also gave the FIC report to Makwakwa and Elskie in breach of the FIC Act. This is a criminal offence in terms of that act.

At the same time, the South African Federation of Trade Unions said in a statement that Moyane’s suspension was “long overdue, after 42-months in which this vital public institution was captured by people milking the [state] of billions of rand and dodging paying tax.”


Meanwhile, Moyane is said to be preparing to challenge his suspension in court.