While Corruption Watch welcomes the filing of disciplinary charges against Tom Moyane, the suspended commissioner of South African Revenue Services (Sars), we are concerned at the apparent reluctance of the National Prosecuting Authority (NPA) to launch a prosecution of Moyane.
Ever since the highly suspicious activities of Jonas Makwakwa, effectively Moyane’s second in command at Sars, were brought to light by the Financial Intelligence Centre (FIC), and Moyane’s failure to take appropriate action in the face of apparent contravention of the FIC Act and the Prevention and Combatting of Corrupt Activities Act, became apparent, Corruption Watch has been engaging with the Hawks and the NPA demanding an investigation into, and prosecution of, what appears to be strong prima facie unlawful conduct on the part of Moyane and Makwakwa.
When, after a long period of obfuscation, we were formally informed of the NPA’s decision not to prosecute Moyane, we asked for a certificate to this effect to be issued, which would enable us to pursue a private criminal prosecution. We have now been informed by the NPA that they are reviewing their decision not to prosecute Moyane.
David Lewis, executive director of Corruption Watch, commented: “Moyane’s conduct cries out for criminal prosecution. It has damaged the integrity and credibility of Sars, a critical institution in South Africa’s success, and Moyane cannot be allowed to escape with disciplinary sanctions alone. We will continue to demand that the NPA mount a prosecution, failing which we will do so ourselves.”
The correspondence outlining the history of our engagement with the parties involved in this matter can be found on this web page.
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