After 'rogue unit' saga, SARS is still reckoning with its Moyane-era failures

The SA Revenue Service (SARS) will be providing more reparations and apologies to current and former employees impacted by governance failures during Tom Moyane's controversial tenure as commissioner. 

Finance Minister Enoch Godongwana said in a written response to questions from MPs that current commissioner, Edward Kieswetter, previously initiated a reparation process that included a "listening" campaign involving current employees affected by the governance failures at SARS.

It has also just concluded a "significant phase", including work by a high-profile independent advisory panel that has considered reparations in matters of certain former employees.

"The final report was submitted to the commissioner in the last two weeks and will likely trigger further actions of reparation, including apologies where appropriate," Gondongwana said.   

This follows Judge Frank Kroon's personal apologies in 2019 to current and former officials for his finding in 2015 that the tax body's anti-corruption unit – the so-called "rogue unit" - was unlawful.

READ | SARS rogue unit did exist, but I was muzzled, insists Tom Moyane

Kroon's findings helped give impetus to the narrative around the unit at SARS, which allowed Moyane to sideline employees such as former deputy commissioner Ivan Pillay.

In 2018, Kroon testified before the Commission of Inquiry into SARS chaired by Judge Robert Nugent that relying on a KPMG report and another report by Advocate Muzi Sikhakhane to conclude that the anti-corruption unit was unlawful was "a mistake".

READ | Labelling SARS anti-corruption unit 'unlawful' was a mistake, inquiry hears

Godongwana said one of the main issues Kieswetter focused on since his appointment was the implementation of the recommendations of the commission, including making reparations for prior conduct and events that occurred in the period before his appointment.

Godongwana said in his reply that in 2019 senior SARS officials and the Secretariat of the Judicial Service Commission agreed that it would be "appropriate" for Kroon to "issue the apology directly to the affected employees, former employees, and their families.

However, the matter was actually prompted by a complaint by former SARS official Johann van Loggerenberg. 

*This story has been updated to include that Kroon's apology was initially prompted by a complaint by Van Loggerenberg

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