Corruption Watch intends laying criminal charges against SA Revenue Service commissioner Tom Moyane for allegedly failing to take action against two senior employees.

This would be done in accordance with the Prevention and Combating of Corrupt Activities Act, spokesperson Patience Mkosana said on Wednesday.

"As an official who holds a position of authority, Moyane is obliged to report knowledge or even mere suspicion of corrupt transactions over R100 000 to the DPCI [Hawks]."

City Press reported that Moyane allegedly ignored complaints that suspended Sars chief officer of business and individual tax, Jonas Makwakwa, personally signed off on the irregular promotion for his girlfriend, Kelly-Ann Elskie, for a key job in the organisation’s legal and policy division.

Sars allegedly failed to investigate complaints that Elskie, 28, did not have the law degree she needed for the post of junior consultant: legal and policy.

She began a relationship with Makwakwa, 47, while she was the personal secretary of Clifford Collings, the head of Sars’ anti-corruption and security division. Makwakwa allegedly created the position, budgeted for it, and signed off for her, City Press reported.

Elskie was suspended following a report by amaBhungane over allegations of nepotism and a series of payments totalling R1-million paid into her and Makwakwa’s bank accounts.

The amounts were paid over a period of about six months and were picked up by the Financial Intelligence Centre.

Makwakwa is married to Molibinyane Makwakwa, a fellow Sars employee he also met on the job. His boss and ally, Moyane, suspended him last month.

Sars appointed an external firm of attorneys to investigate the allegations against Makwakwa.

Corruption Watch said it had sent a letter to Moyane on Wednesday concerning his failure to act decisively on the Financial Intelligence Centre’s findings, contained in a report, detailing fraud and corruption allegedly involving Makwakwa and Elskie.

Mkosana said Corruption Watch disputed Moyane’s claim that the matter was an internal one and did not require reporting Elskie and Makwakwa to the Hawks. His failure to take appropriate action was unlawful, she said.

Sars spokesperson Sandile Memela said he would respond later.