Gupta millions: Disciplinary hearing mooted for suspended SARS legal head over Gupta VAT refund - law firm | J_chabalala
Suspended South African Revenue Service head of legal, Refiloe Mokoena, should face disciplinary processes for her alleged involvement in the unlawful payment of VAT refunds claimed by the Guptas, a legal opinion has found. The firm recommended that formal charges be laid against her.
She also expressed what she believed to be a proper and considered legal"opinion" and standpoint on the question of refunds of value added tax payments into third-party bank accounts, read the opinion. But the law firm stated:"It is in our view significant that Ms Mokoena, on numerous occasions contends that the issue of VAT refunds was not within her 'purview' or domain, yet for whatever reason… she only a few days after taking up her appointment at SARS assumed and maintained an active role in ensuring that the refund in question was effected."
"The allegations against her, in essence, in this regard, is that she was not honest, forthright and candid in her affidavit, a matter which is not dealt with in her response. "Certainly, from the evidence of the various individuals whom we had occasion to interview, Ms Mokoena allegedly acted in a manner which was improper, grossly negligent and ultimately, not in a manner befitting the high office which she occupies...."When approached for comment, SARS said:"SARS is not in a position to comment, divulge or discuss details of internal processes and employee information in the public domain as a result of employer-employee confidentiality.
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