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Judge Nugent set to announce decision on Sars inquiry

Tom Moyane's lawyer advocate Dali Mpofu on Friday told the commission that it cannot rely on Pravin Gordhan’s testimony, claiming the minister has a historic hatred for Moyane.

Advocate Dali Mpofu (C) with his client Tom Moyane at the Nugent Inquiry. Picture: Qaanitah Hunter/EWN.

JOHANNESBURG - Retired Judge Robert Nugent will make a ruling on Monday after demands by Tom Moyane’s legal team that the commission of inquiry into Sars be halted.

Nugent agreed to consider the relief sought by Moyane and to give his decision at 2pm on Monday.

On Friday the inquiry heard that the suspended Sars commissioner believed the probe was unfair and biased against him.

Advocate Dali Mpofu told the commission of inquiry headed by Nugent that they want the inquiry to be discontinued or halted until Moyane’s separate disciplinary inquiry is finalised.

He says they want professor Michael Katz removed from the commission because he poses a conflict of interest.

“You can be the most competent person, judge or human being, but if you are conflicted, you are conflicted.”

Mpofu says they also want the testimony given over the last three days to be expunged from the record, claiming the evidence given so far has been unfair and unlawful.

MOYANE, GORDHAN'S 'STRAINED' RELATIONSHIP

The strained relationship between Moyane and Public Enterprises Minister Pravin Gordhan has come under the microscope at the commission of inquiry into Sars.

Mpofu on Friday told the commission that it cannot rely on Gordhan’s testimony, claiming the minister has a historic hatred for Moyane.

While arguing that the testimony given to the Nugent inquiry prejudiced Moyane, Mpofu insisted Gordhan has a personal grudge against the suspended commissioner.

“So [they] didn’t tell you about the degrading and condescending manner in which he rudely addressed and treated commissioner Moyane?”

Gordhan was the first witness to testify at the commission this week. He spoke about his role as Sars commissioner between 1999 and 2009 and his relationship with the revenue collector when he was finance minister.

He is also the deponent in the Presidency’s affidavit in Moyane’s disciplinary inquiry, a fact Mpofu raised as a conflict of interest.

But Nugent wasn't having it. He says he's not aware of a strained relationship between the pair.

WATCH: Sars Commission of Inquiry - Tom Moyane

(Edited by Shimoney Regter)