22 September 2017

South Africa: Vlok Symington Loses Court Bid On SARS Disciplinary

The High Court in Pretoria has dismissed a bid by SARS legal expert Vlok Symington, who was allegedly held hostage by the Hawks, to interdict his disciplinary hearing.

Judge Hans Fabricius on Friday ruled that Symington had failed to make out a case for an interim interdict. Symington was also ordered to pay costs.

In his urgent application last week, Symington told the court that he should be protected as a whistleblower.

Symington has previously made what he has described as "protected disclosures" to police watchdog IPID and the National Prosecuting Authority relating to fraud charges against former finance minister Pravin Gordhan by the Hawks.

These charges were eventually withdrawn.

Symington brought an urgent court application against SARS to prevent what he called an "unfair" charges after the revenue service informed him it would institute disciplinary actions against him for apparent misconduct.

The charges against Symington relate to an incident in October 2016, where he was allegedly held hostage by SARS commissioner Tom Moyane's personal bodyguard and several Hawks officers, and forced to hand over emails.

The charges include gross misconduct, insubordination, use of foul language and bringing the name of SARS in disrepute.

SARS, argued that the disclosures made by Symington did not fall under the Protected Disclosures Act as they had been widely reported.

SARS also stated that at the time they decided to charge Symington, the revenue service was unaware of the disclosures.

Source: News24

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