Tom Monyane. Picture: ESA ALEXANDER
Tom Monyane. Picture: ESA ALEXANDER

Suspended South Africans Revenue Service (SARS) commissioner Tom Moyane has been served with disciplinary charges linked to alleged misconduct and a violation of his duties and responsibilities, the Presidency said on Friday.

President Cyril Ramaphosa has appointed retired Constitutional Court Justice Kate O’Regan to chair the disciplinary inquiry, which will investigate whether Moyane contravened the South African Revenue Service Act‚ the Public Finance Management Act and the SARS code of conduct.

Moyane was suspended over his handling of the allegations against his second-in-charge Jonas Makwakwa, as well as his alleged meddling to secure a R70m tax refund for the controversial Gupta family.

Ramaphosa had offered a settlement to Moyane but he turned down an initial offer and added conditions to a subsequent one. The conditions included that Ramaphosa hold a press conference to announce the amicable resolution of the matter and to acknowledge Moyane’s leadership with “integrity” and his role in overseeing SARS reaching the trillion-rand mark in revenue collection for three years.

Ramaphosa did not agree to the conditions and the disciplinary process against Moyane is now set to proceed. “The inquiry will be conducted in writing to make findings, subject to the presiding officer’s discretion to hear oral evidence,” the Presidency said. “This approach has been chosen to ensure a procedurally fair and speedy disciplinary process. The disciplinary inquiry relates to alleged leadership and organisational failures.”

A separate inquiry into SARS will also take place, as announced by Ramaphosa in his state of the nation address. This inquiry will focus on tax administration — including VAT refunds and shortfalls in revenue over the past two financial years.

But Moyane won’t roll over without a fight. TimesLIVE has confirmed that Advocate Dali Mpofu will represent him in his disciplinary battle‚ which may well end up in court.