Moyane loses objections again, disciplinary hearing to go ahead – report

Business Day has reported that suspended SA Revenue Service (Sars) commissioner Tom Moyane has suffered another blow, losing all the objections he lodged against his disciplinary inquiry.

Unless Moyane goes to court now, which he threatened to do last month, both his disciplinary hearing and the Nugent commission of inquiry into the running of Sars will continue simultaneously.

Moyane is facing serious allegations of misconduct during his tenure at Sars that could result in possible criminal sanction.

He had objected to the fact that the disciplinary inquiry doesn’t allow for oral submissions and cross-examinations. Instead it is structured to only allow for written submissions in the form of affidavits by witnesses. Mpofu argued that the Sars code of conduct – which applied to Moyane – makes provisions for oral evidence and an opportunity to cross-examine witnesses.

However, the chairman of his disciplinary, Advocate Azhar Bham, has reportedly now dismissed these concerns in a letter to Moyane.

He has given Moyane until August 20 to respond to all the charges he faces for his running of Sars.

The hearing will take place between September 17 and 28.

Moyane had also taken issue primarily with there being two inquiries involving him at the same time, and he particularly didn’t want an affidavit by Minister Pravin Gordhan to be admitted as evidence against him. However, Bham has agreed with President Cyril Ramaphosa’s legal team that Gordhan’s evidence is admissible on the basis of him being a witness, with questions about his authority to do so not being relevant.

Moyane had objected to the former finance minister and Sars commissioner’s affidavit, claiming he didn’t have authority to speak on the matter.

Judge Robert Nugent last month already ruled that his Sars inquiry would continue its work, disregarding pleas from Moyane’s lawyer, advocate Dali Mpofu, that Moyane’s disciplinary matter should be concluded first.

Through his legal team, Ramaphosa said Moyane was “sabotaging” the speedy conclusion of his disciplinary inquiry.

“Moyane seeks to turn sound disciplinary procedure on its head by refusing to answer to the substance of the allegations against him until his technical points have been determined.”