Minister of Finance appoints Justice Zak Yacoob to head up enquiry into allegations against SARS Commissioner

2 Apr 2013

After consultations with the Minister of Justice, I have today appointed retired Constitutional Court judge, Justice Zak Yacoob, to head up an enquiry into allegations of impropriety made by City Press and Rapport against the Commissioner of the South African Revenue Services (SARS). Justice Yacoob will be assisted by Advocate Muzi Sikhakhane. Advocate Sikhakhane is the elected group leader of the Victoria Mxenge Group of Advocates. He was admitted as an Advocate in 2000 and joined the Johannesburg Bar in 2002.

City Press and Rapport alleged on 24 March 2013 that the Commissioner for SARS had been recorded during a telephone conversation offering a young woman a job at SARS. These reports also implied that a Mr Marimuthu had influence over the SARS Commissioner.

In response to these media reports, I announced that after consultations with the Minister of Justice I would appoint a retired judge to establish whether there was any breach of SARS processes, good governance, the nature of any possible indiscretion and to advise on appropriate remedies where breaches may have occurred. I took this step to ensure transparency and to protect the integrity of SARS which is a crucial fiscal institution that is highly respected within and outside South Africa.

I have requested Justice Yacoob and Advocate Sikhakhane to look into these allegations and to:

1. Report on whether there was any breach of SARS processes or good governance,
2. Report on the nature of any possible indiscretion by the Commissioner,
3. Report on the alleged influence that Mr Marimuthu had over the SARS Commissioner, and
4. Advise on any appropriate remedies where breaches may have occurred.

I have asked Justice Yacoob to submit their report within two months from today.

Statement issued by National Treasury, April 2 2013

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