while employed as one of SARS’ top in-house lawyers is extremely significant and forms part of the broader capture at the entity.
Mokoena signed off on VAT refunds valued at R150-million for Oakbay into a third-party account. In doing so, Mokoena facilitated an unlawful payment. It is inexplicable that a legal professional in a senior position in the SARS legal department would make a decision in violation of tax laws. Furthermore, even if Mokoena had been uncertain, she authorised the paymentand who had indicated that doing so would be unlawful.
Judge Nugent noted that what Moyane did at SARS was more than mismanagement, but that he “arrived without integrity and [subsequently] dismantled the elements of governance one by one”. Mokoena’s facilitation of an unlawful payment speaks precisely to the type of erosion that occurred at SARS. Corrupt decisions were made to benefit the Guptas, and Mokoena played an active role in this regard.
Today, Mokoena still runs her own legal practice, Refiloe Mokoena Attorneys in Johannesburg. Her unwitting clients who read her credentials on LinkedIn and elsewhere would understandably think this is a lawyer with significant experience who can be trusted to act with integrity. The evidence suggests the contrary.
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