Tom Moyane’s lawyers say disciplinary process 'deeply flawed'

President Cyril Ramaphosa suspended Moyane in March, saying that developments under his leadership resulted in the deterioration of public confidence in Sars.

FILE: South African Revenue Service Commissioner Tom Moyane on 18 September 2017. Picture: Sethembiso Zulu/EWN

JOHANNESBURG – Lawyers representing suspended South African Revenue Services (Sars) Commissioner Tom Moyane want amendments made before his disciplinary process begins.

President Cyril Ramaphosa suspended Moyane in March, saying that developments under his leadership resulted in the deterioration of public confidence in Sars.

The Presidency served Moyane with disciplinary charges last week, saying that they relate to allegations of misconduct, in violation to his duties and responsibilities, in terms of the Sars and the Public Finance Management Act.

Retired constitutional judge, Kate O'Regan, will chair the hearing which will be conducted in writing to make findings, subject to her discretion to hear oral evidence.

Moyane's lawyer Eric Mabuza says this is unfair.

“Once the process is fixed then we’re happy to attend the inquiry. But if the president refuses to fix the process to be fair, we’ll have no option but to take him to court. It’s deeply, deeply flawed because he’s not allowed the opportunity to cross-examine his accusers, to put his side of the story.

"Why is the president destined to have this inquiry on paper? What do they have to hide? Why can't they come and say the charges against Moyane out in the open."

It was reported that the court case against Ramaphosa is being brought on the grounds that there was already a predetermined outcome to fire the suspended tax boss from his R3.6 million per annum job.

Moyane claims that during a meeting with the president at his private home earlier this year, Ramaphosa apparently shouted at him and questioned him about a VAT refund paid by Sars to a Gupta-linked company.

Mabuza has reportedly questioned as curious that the president could have arrived to a rational decision in a meeting that apparently lasted for about 30 minutes.
The Presidency released a statement, saying Moyane was charged.

The statement said: “The disciplinary inquiry relates to alleged leadership and organisational failures.”

Ramaphosa also cited the handling of the Jonas Makwakwa scandal as well as VAT repayments to Gupta-linked companies as some of the reasons for his suspension.

No date has yet been set for the disciplinary hearing.

(Edited by Leeto M Khoza)