The Sars ‘rogue unit’ not unlawful, says judge Robert Nugent
The rogue-unit narrative was used as an excuse to purge senior Sars executives, as well as disband the tax agency’s executive committee
Suspended Sars commissioner Tom Moyane received legal opinion from senior counsel in late 2015 indicating that the establishment of the high-risk investigation unit, or “rogue unit”, was not unlawfully established. But Moyane did not make this information publicly available, according to an interim report by Sars commission of inquiry chair, retired judge Robert Nugent, to President Cyril Ramaphosa, submitted at the end of September, which Business Day has seen. “I find no reason why the establishment and existence of the unit was, indeed, unlawful, and I am supported in that by an opinion given to Mr Moyane by leading senior counsel in late 2015. As far as I am aware, that opinion has never been publicly disclosed,” Nugent said in his report. The rogue-unit narrative was used as an excuse to purge senior Sars executives, as well as disband the tax agency’s executive committee when Moyane took over as commissioner at the end of 2014. It was also the context in which Moyane justified...
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Subscribe now to unlock this article.
Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).
There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.
Cancel anytime.
Questions? Email helpdesk@businesslive.co.za or call 0860 52 52 00. Got a subscription voucher? Redeem it now.