Charge Moyane’s bodyguard with intimidating Symington: report

The bodyguard of Sars commissioner Tom Moyane probably “intentionally prevented” a senior revenue service official‚ Vlok Symington‚ from leaving a boardroom where he was being held hostage during a stand-off over documents.

This is contained in a report compiled in March by a law firm asked by the South African Revenue Service (Sars) to investigate a grievance lodged by Symington against Thomas Titi. The incident took place last year and was captured on video.

The law firm also recommended‚ in a later report‚ that Titi be charged with intimidation of Symington and that a disciplinary hearing be convened.

Symington is now also facing a disciplinary hearing for the same incident.

Symington approached the high court in Pretoria on Thursday seeking an interdict against the pending disciplinary hearing against him.

These details are contained in documents filed with Symington’s court application.

The disciplinary proceedings against Symington announced this week follow a widely publicised event in October last year where Hawks officials and Titi allegedly prevented Symington from leaving a Sars boardroom.

The Hawks and Titi wanted Symington to return the documents that had been given to him earlier in the day.

The documents included a letter from the National Prosecuting Authority (NPA). There was also an attachment to the NPA letter that was erroneously sent to Symington.

 Symington was in the process of preparing a reply to questions that had been requested by the NPA and which were forwarded to him by Moyane.

The questions related to early retirement of former Sars official Ivan Pillay.

Symington did not take kindly to being intimidated and harassed. He laid a complaint with the police and the Independent Police Investigative Directorate.

He also laid an internal grievance against Titi‚ requesting a sanction of dismissal.

Sars then appointed Thipe Mothle‚ of Mothle Jooma Sabdia Attorneys‚ to investigate Symington’s grievance against Titi.

The law firm interviewed all involved and filed a report on March 30 this year. In that report‚ the law firm found it was probable that “Titi intentionally prevented Symington from exiting meeting room 1A by blocking the doorway to meeting room 1A with his body”. The report recommended that a grievance hearing be called to test the versions presented by Titi and Symington.

In June‚ Sars indicated to Symington that it had requested the law firm to provide a conclusive report on the incident based on what was presented to them during the interviews conducted with Symington‚ Titi and others.

The law firm later presented Sars with another report‚ dated June 19‚ 2017.

In that report‚ it recommended that Titi be charged with intimidation of Symington and that a disciplinary hearing be convened.

“This finding has been made notwithstanding our view that he adversarial stance adopted by Symington was not in consonance with the action of an intimidated person.”

The law firm also recommended that Symington be charged for insubordination for failing to obey a reasonable lawful instruction by Moyane.

In the notice of a disciplinary hearin‚g dated August 29‚ Symington is accused of refusing to comply with reasonable instructions to surrender documents in his possession.

He is also accused of conduct unbecoming of a Sars employee for becoming visibly agitated‚ argumentative and disrespectful while interacting with Hawks and Sars officials.

Symington is also accused of bringing the name of Sars into disrepute for allegedly recording interactions between himself and SARS and Hawks members‚ which resulted in the footage being broadcast on public media.