CCMA dismisses claim of SARS's chief legal officer axed over R150m Gupta VAT refunds

accreditation
0:00
play article
Subscribers can listen to this article
The CCMA on Monday dismissed Refiloe Mokoena's claim that SARS acted unfairly in axing her following the disciplinary hearing.
The CCMA on Monday dismissed Refiloe Mokoena's claim that SARS acted unfairly in axing her following the disciplinary hearing.
FIle

The Commission for Conciliation, Mediation and Arbitration (CCMA) has dismissed a claim that the South African Revenue Service (SARS) acted unfairly in axing its chief legal officer, Refiloe Mokoena.

News24 reported in 2018 that Mokoena was suspended in relation to VAT refunds claimed by Gupta-affiliated companies, which SARS paid to third parties in contravention of the VAT Act. Mokoena previously served on the board of state-owned arms manufacturer Denel while it was attempting to establish a joint-venture with Gupta owned VR Laser.

Mokeona was dismissed by SARS in November 2019, following a disciplinary hearing. Mokoena had been found guilty on several counts, related to Gupta-linked Oakbay.

According to a statement issued by SARS on Tuesday,  the disciplinary hearing found Mokoena "actively facilitated" VAT refunds to the value of R150 million, without having reasonable cause to do so. She also did not have "requisite tax and/or legal knowledge" but overruled SARS and external experts on tax law when she justified her instruction that the Oakbay refunds be paid into a third party account. Mokeona also caused taxpayer information to be shared, breaching provisions of tax legislation that requires taxpayer information to be kept confidential, SARS said.

The CCMA on Monday dismissed Mokoena's claim that SARS acted unfairly in axing her following the disciplinary hearing.

"The CCMA rejected Ms Mokoena's contention that there was no prima facie case against her. It also drew a negative inference from Ms Mokoena's decision not to give evidence or call witnesses in support of her case," the statement read.

"… She had acted so dishonourably and had exhibited qualities that made her unsuitable to serve as SARS' Chief Legal Officer," SARS said.


We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For only R75 per month, you have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today.
Subscribe to News24
Rand - Dollar
14.38
-0.6%
Rand - Pound
20.01
-0.1%
Rand - Euro
17.01
+0.1%
Rand - Aus dollar
10.65
-0.3%
Rand - Yen
0.13
+0.2%
Gold
1,811.37
-0.0%
Silver
25.41
+0.1%
Palladium
2,667.00
+0.5%
Platinum
1,022.20
-0.5%
Brent Crude
70.38
-2.8%
Top 40
62,466
-0.5%
All Share
68,664
-0.3%
Resource 10
70,217
-2.1%
Industrial 25
86,156
-0.1%
Financial 15
13,463
+2.8%
All JSE data delayed by at least 15 minutes Iress logo
Company Snapshot
Voting Booth
Should pension fund members be allowed to access their savings before retirement?
Please select an option Oops! Something went wrong, please try again later.
Results
Yes, it's their money to do with as they please.
34% - 152 votes
No, more people will end up without enough savings in retirement.
36% - 162 votes
Depends on how big the withdrawal limits will be.
30% - 136 votes
Vote