Daily Maverick Mail - Scorpio query: Makwakwa and FIC report 2018/01/30, 14*45

Pauli van Wyk <pauli@dailymaverick.co.za>

Scorpio query: Makwakwa and FIC report

1 message

Pauli van Wyk <pauli@dailymaverick.co.za> Tue, Jan 30, 2018 at 2:18 PM

To: liezeldavid@telkomsa.net, makwakwa.jonas@yahoo.com, jmakwakwa@sars.gov.za

Good day Jonas and Liezel,

I trust this finds you well.

I have done further research on the FIC accusations against you. Kindly return the answers to my questions to
Jonas by 14:00 tomorrow, 31 January.

I have seen a letter written by you, Liezel, dated 10 August 2016 (reference 0377/2015), with the subject line
“Referral of Financial Intelligence for investigation”.

The letter is addressed to Commissioner Tom Moyane. The purpose is to get to know more about the
circumstances around the FIC investigation and report. The letter asks Moyane to solicit some detail from the
FIC, including about the FIC investigators, whether a warrant was properly issued and about suspicious reports
relating to other Sars officials.

Liezel, you used section 40(1)(c ) of the FIC Act to bolster her request.

You did not quote section 40 of the FIC Act in your letter.

I therefore include it verbatim. Section 40(1)(c) states:

(1) No person is entitled to information held by the Centre, except –

(c) an accountable institution or reporting institution or any other person who may, at the initiative of the Centre or
on written request, be provided with information with transactions reported by such accountable institution,
reporting institution or person, unless the Centre reasonably believes that disclosure to such accountable
institution reporting institution or person of the information requested could –

(i) inhibit the achievement of the Centre’s objectives or the performance of its functions, or the achievement of the
objectives or the performance of the functions of another organ of state; or

(ii) prejudice the rights of any person.

From a reading of the Act it is clear that only the institutions with the power to investigate the relevant suspicious
reports – in this instance the report on Jonas and Kelly-Ann Elskie – may be informed of the FIC’s report. This
excludes the minister of finance as well as the alleged criminals.

https://mail.google.com/mail/u/0/?ui=2&ik=2fec4a5a34&jsver=diY…&view=pt&search=sent&th=1614700ee406e126&siml=1614700ee406e126 Page 1 of 3
Daily Maverick Mail - Scorpio query: Makwakwa and FIC report 2018/01/30, 14*45

It is clear that the director of the FIC is of the same opinion. In a letter dated 19 September 2016 (Ref 0377/2015)
by the director sent to Moyane, he details his concern about the "approach" followed by Sars.

Mr Murray Michell points out that it is a contravention of section 40 of the FIC act to disclose the FIC report or
parts thereof to Jonas and Elskie.

Michell is further disturbed by the fact that Moyane is using Sars effectively as a post box for questions by you
under the guise of some sort of "cooperation and guidance".

Says Michell: "The Financial Intelligence Centre has been providing Sars with financial intelligence since 2003.
Sars' employees are well aware of the access, handling and terms and conditions of the use of such sensitive
information. I must point out that the conduct mentioned above constitutes a serious criminal offence under
section 60 of the FIC Act."

For your convenience, I again quote section 60 of the FIC Act:

60 Misuse of information

(1) Any person who-

(a) discloses confidential information held by or obtained from the Centre otherwise than in accordance with
section 40;
(b) wilfully destroys or in any other way tampers with information kept by the Centre for the purposes of this Act;
or

(c) uses information obtained from the Centre otherwise than in accordance with-
(i) any arrangements or safeguards made or imposed by the Director in terms of section 40 (3); or

(ii) section 40 (6),

is guilty of an offence.

(2) Any person who knows, suspects or ought reasonably to have known or suspected-

(a) that information has been disclosed to the Centre; or

(b) that an investigation is being, or may be, conducted as a result of information that has been or is to be
disclosed to the Centre,

and who directly or indirectly alerts, or brings information to the attention of, another person which will or is likely
to prejudice such an investigation, is guilty of an offence.

My questions to Jonas:

https://mail.google.com/mail/u/0/?ui=2&ik=2fec4a5a34&jsver=diY…&view=pt&search=sent&th=1614700ee406e126&siml=1614700ee406e126 Page 2 of 3
Daily Maverick Mail - Scorpio query: Makwakwa and FIC report 2018/01/30, 14*45

1. Moyane contravened the FIC Act when he disclosed the content of the FIC report to you and Elskie. You
further attempted, through your lawyer, to illegally solicit more information from the FIC by using Moyane and
Sars effectively as a post box. What is your comment?

2. It is clear from my analysis of your bank statements that the suspicious transactions stopped immediately after
Moyane warned you about the FIC's investigation. Are the suspicious transactions still continuing?

3. You have repeatedly and on several occasions said you are innocent, that there are simple explanations for the
money in your account and that the information is misinterpreted, that the FIC got it all wrong and that the
allegations are spurious. Yet you have not attempted to put forward any explanation to counter the FIC's
allegations. Are you willing to explain to Scorpio the source(s) of the relevant funds? If not, why. not?

4. It is my information that you are attempting to push mr Jed Michaletos out of his position as head of customs.
Michaletos cried recently in a Sars meeting after describing that you are pressurising him. What is your comment
on the allegations?

Regards,

Pauli

https://mail.google.com/mail/u/0/?ui=2&ik=2fec4a5a34&jsver=diY…&view=pt&search=sent&th=1614700ee406e126&siml=1614700ee406e126 Page 3 of 3