Corruption Watch said the National Prosecuting Authority (NPA) told the organisation that it is reviewing its decision not to prosecute Tom Moyane.
It said this development came after Corruption Watch asked for a certificate to be issued confirming that the NPA was not going ahead with the prosecution, as it wanted to pursue a private criminal prosecution.
The suspended South African Reserve Service (SARS) commissioner is facing disciplinary charges.
Corruption Watch, in a statement released on Monday, questioned why there appeared to be what it called “an apparent reluctance” on the part of the NPA to prosecute Moyane.
“Ever since the highly suspicious activities of Jonas Makwakwa, effectively Moyane‘s second-in-command at SARS, were brought to light by the Financial Intelligence Centre (FIC) and Moyane‘s failure to take appropriate action in the face of apparent contravention of the FIC Act and the Prevention and Combatting of Corrupt Activities Act became apparent, Corruption Watch has been engaging with the Hawks and the NPA demanding an investigation into, and prosecution of, what appears to be strong prima facie unlawful conduct on the part of Moyane and Makwakwa,” Corruption Watch said.
Earlier this month, the Presidency announced that it had served Moyane with disciplinary charges.
The charges relate to alleged misconduct in violation of his duties and responsibilities in terms of the South African Revenue Service Act, Public Finance Management Act and SARS code of conduct.
Retired Constitutional Court judge Kate O‘Regan will preside over the inquiry.
David Lewis, executive director of Corruption Watch, commented that Moyane‘s conduct cries out for criminal prosecution.
“It has damaged the integrity and credibility of SARS, a critical institution in South Africa‘s success, and Moyane cannot be allowed to escape with disciplinary sanctions alone,” he said.
“We will continue to demand that the NPA mount a prosecution, failing which we will do so ourselves.”