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Since the Makwakwa story first emerged in 2016, Corruption Watch (CW) has taken numerous steps to try to hold SARS commissioner Tom Moyane accountable for his role in protecting Jonas Makwakwa from a proper investigation following the FIC report, which implicated Makwakwa and Elskie in suspicious transactions relating to money laundering and other criminal activities.

The FIC report required further investigation by the Hawks yet it is our understanding that Moyane did not report this matter to the Hawks as required from him in PRECCA and furthermore provided the FIC report to Makwakwa and Elskie in breach of the FIC Act, a criminal offence in terms of that act.

We charged Moyane for his alleged criminal conduct in December 2016 and were informed in December 2017 that the Hawks had completed their investigation into Moyane but that the NPA has declined to prosecute.  We have therefore written to the NPA requesting reasons for declining to prosecute and requesting a certificate which would allow CW to privately prosecute Moyane, given that the NPA has refused to do so and there is clear evidence of him breaching pieces of legislation that attract criminal penalties.

The Makwakwa affair and the relentless hounding by the Hawks and NPA of those SARS officials who attempted to resist the capture of SARS establish yet again that among the urgent tasks facing the Ramaphosa administration, none are more urgent than the necessity to clean out SARS, the NPA and the Hawks.

David Lewis, executive director of CW, commented: “We have said before and we say again:  there is no individual that has caused greater harm to the interests of democratic South Africa than Tom Moyane. 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.”

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