Retired Judge Robert Nugent makes the argument in an affidavit filed in Moyane’s fight to get his job back which is set down to be heard next week.
Attorney David Maphakela was summonsed to give evidence on Monday but refused, saying the affidavits he submitted to the commission should suffice.
It emerged on Friday that David Maphakela had been paid more than R750,000 for preparing documents for Lebelo’s submissions to the commission.
This was one of the measures acting Commissioner Mark Kingon announced on Friday as part of an effort to turn the organisation around.
Evidence this week revealed that the revenue service’s IT infrastructure has not been upgraded since 2014 and is aging.
Retired Judge Robert Nugent was addressing some confusion related to his interim report which President Cyril Ramaphosa released earlier this week.
This was among the evidence submitted on Monday by business solution group executive Intikhab Shaik at the public hearings in Pretoria at the Nugent Commission of Inquiry.
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.
