Image: Jonas Makwakwa

PARLIAMENT – After consulting with Parliament’s Legal Services Unit, the Standing Committee on Finance has requested the Disciplinary Enquiry Report on Mr Jonas Makwakwa and Ms Kelly-Anne Elskie. 

The Committee has written to the Commissioner of the South African Revenue Services (Sars), Mr Tom Moyane, as well as Finance Minister Malusi Gigaba to avail the report which will be referred to Parliament’s Legal Advisors to advise on.

This comes after Tom Moyane reinstated Jonas Makwakwa to Sars after his suspension which was due to suspicious payments into his account. 

ALSO READ: Makwakwa reinstatement at Sars questioned

“Although we have no evidence that Makwakwa and Elskie are guilty of the allegations against them, we still believe that it is in the public interest that the report be released", said Yunus Carrim, the Chairperson of the Committee.

"Given the role Sars plays, it not only has to be, but be seen to be above reproach, and perceptions of irregularities by its senior officials have to be effectively addressed,” continues Carrim. 
Carrim said taking the public into confidence in relation to the alleged irregularities is important in view of the waning public confidence in Sars, decreasing tax compliance amongst tax payers and a decline in tax morality, which SARS has also referred to. 
“With the projected shortfall of R50.8 billion in revenue for this financial year, we need to bolster public confidence in Sars more than ever before. The statement issued by SARS that Makwakwa is not guilty of the charges levelled against him is terse and offers no justification for this decision,” said Carrim.

ALSO READ: Sars confirms Jonas Mawakwa's return after suspension

If there are aspects of the report that cannot be released for legal reasons, the committee believes that this can be negotiated between lawyers from SARS and Parliament.  

The Committee has also requested the Hogan Lovells report on this matter, on the same basis as the request for the Disciplinary Inquiry Report.

As Hogan Lovells, was law the firm appointed to investigate the matter. Hogan Lovells submitted an investigation report which recommended that disciplinary action be taken against Makwakwa.