Tom Moyane seeks to have Robert Nugent counsel's recuse himself

Tom Moyane has approached the High Court to have President Cyril Ramaphosa’s decision to establish the Nugent commission of inquiry as well as his disciplinary hearing reviewed and set aside.

FILE: Tom Moyane at a press briefing in Johannesburg. Picture: Kayleen Morgan/EWN

PRETORIA - Former South African Revenue Services (Sars) Commissioner Tom Moyane has brought an application to have retired Judge Robert Nugent’s counsel, Advocate Wim Trengove, recuse himself because of a conflict of interest.

Moyane has approached the High Court to have President Cyril Ramaphosa’s decision to establish the Nugent commission of inquiry as well as his disciplinary hearing reviewed and set aside.

The president acted on Nugent’s recommendation and fired Moyane in September.

Tom Moyane says that he has previously sought a legal opinion from Advocate Wim Trengove in relation to the powers of the Sars commissioner and the Finance Minister in light of provisions in the Sars Act.

He also sought an opinion on the appointment of senior Sars employees, including himself, as well as certain obligations related to the National Revenue Fund.

Moyane argues that the issues considered by Trengove are directly implicated in the current matter before the court, in that it relates to the decision by President Cyril Ramaphosa to fire him.

The former commissioner further submits that Trengove has also previously advised Ramaphosa in matters related to Sars.

Trengove has declined to voluntarily recuse himself and will oppose the application.