Moyane takes fight to have inquiry halted to Ramaphosa
This comes after retired Judge Robert Nugent rejected a demand that it be halted or that Professor Michale Katz be removed from advising the probe.
JOHANNESBURG – Suspended South African Revenue Service (Sars) head Tom Moyane is taking his fight to have the Sars inquiry halted to the president.
This comes after retired Judge Robert Nugent, who is heading the inquiry, rejected a demand that it be halted or that Professor Michale Katz be removed from advising the probe.
After a schooling in law from Nugent, Moyane’s legal team says they will now approach the president to intervene.
His lawyer Eric Mabuza said President Cyril Ramaphosa appointed Nugent and they would request him to halt the Sars inquiry.
“We’re taking up the matter with the president as the judge didn’t appoint himself.”
Mabuza said it was unfortunate that Nugent became “personal” in his ruling.
The retired judge called Moyane’s submissions a disgrace and rejected all of it.
Mabuza said if the president did not stop the inquiry, they would go to court.
Moyane is at the centre of the two inquiries and has now formally objected to both processes. However, he has not yet responded to the actual charges brought against him.
While he is waiting for a ruling from the Nugent Inquiry on the concerns he raised there, Moyane has made similar objections in his disciplinary inquiry headed by Advocate Azhar Bham.
Eyewitness News has seen a motion of objection where Moyane calls his disciplinary inquiry “manifestly oppressive”.
He says he can’t be subject to two probes at the same time - the same argument he made on Friday before the Sars inquiry.
The embattled tax boss is objecting to Minister Pravin Gordhan deposing the presidency’s affidavit in his disciplinary inquiry, saying he is not empowered by law to do so.
Moyane called the affidavit that spells out the four charges he faces “vague and embarrassing”. He wants Advocate Bham to rule that Gordhan’s affidavit is inadmissible.
(Edited by Leeto M Khoza)