South African Revenue Services (SARS) head of legal, Refiloe Mokoena, who was suspended for the unlawful VAT refund payment to the Guptas, could face prosecution.
According to News24, Mokoena was suspended in September 2018 for her alleged involvement in R420-million worth of VAT refunds claimed by the Guptas, which were then paid to various third party accounts, including a shelf company.
Law firm, Fluxman’s conducted an investigation and in their findings noted that she approved the payments despite the issue of VAT refunds not being in her scope of employment.
Mokoena denied that she had provided the instructions for the payment to be made and disputed any involvement in the matter.
Previously a board member of state-owned arms manufacturer Denel, Mokoena was hired by former commissioner Tom Moyane at the time when the Gupta’s VR Laser company was attempting to enter a joint venture with Denel.
SARS would not comment but they did admit that third party payments are in violation of laws.