Gartner admits to playing part in writing terms of reference for lucrative Sars contract

Global consultancy firm Gartner has admitted to playing a part in writing the terms of reference for the lucrative IT assessment contract they received from the South African Revenue Service (Sars).

Testifying at retired judge Robert Nugent’s commission of inquiry into tax administration and governance at Sars on Tuesday‚ Gartner consulting manager Neville Willemse said his firm was approached by controversial businessman Patrick Monyeki for the job.

Willemse said he met with Monyeki in December 2014‚ just months after now-suspended commissioner Tom Moyane was appointed‚ to discuss work for Sars. The commission has for months been trying to establish what official position Monyeki had at Sars that allowed him to approach contractors on behalf of the revenue service.

Willemse said at the meeting Monyeki had told him that the new commissioner had concerns over the IT strategy and whether the amount that had been invested in a modernisation programme – running since 2007 – had yielded the anticipated results.

Monyeki allegedly told Willemse that Sars had identified Gartner as a sole service provider on the contract. Monyeki is said to have taken notes from that initial meeting and thereafter asked Willemse for input on those minutes in developing the terms of reference for the contract.

Leading the evidence‚ advocate Carol Steinberg asked Willemse: “So‚ the long and short of it is that you and Monyeki wrote the terms of reference?”

Willemse said yes.

She then asked if Willemse knew that in South African procurement law‚ a contractor writing the terms of reference for the institution seeking to employ their services was illegal‚ and he responded no.

Gartner received around R200-million to conduct a review of the Sars IT strategy and modernisation programme – 40% of which‚ according to reports by Daily Maverick‚ was paid to Rangewave Consulting‚ owned by Monyeki.

Willemse’s testimony is continuing.