Moyane to ask ConCourt to direct Cyril to pick which inquiry he wants – report

In a bid to have President Cyril Ramaphosa suspend or stay either his disciplinary hearing or the Nugent commission of inquiry into the running of the South African Revenue Service (Sars), the service’s suspended commissioner Tom Moyane will approach the Constitutional Court today, News24 reports.

It is reported that Eric Mabuza, Moyane’s lawyer, told the news site that respondents have been served with papers that will be filed on Monday.

Ramaphosa, chairperson of the Sars inquiry retired judge Robert Nugent, Public Enterprises Minister Pravin Gordhan, chairperson of the disciplinary hearings advocate Azhar Bham SC, Professor Michael Katz, advocate Mabongi Masilo and Vuyo Kahla are all reportedly respondents in the matter.

According to Moyane’s motion of notice, he has requested the court declare “the conduct and/or decisions of the first respondent (as captured in his letter dated 8 August 2018) to be unlawful, invalid, unconstitutional, in violation of the constitutional obligations of the president and/or in breach of his oath of office [and] setting aside the said conduct and/or decisions of the president”.

Furthermore, Moyane has reportedly requested the court to declare that Gordhan’s involvement in both the disciplinary hearings and Nugent inquiry to be “unlawful, irrational, and unconstitutional”.

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

Moyane reportedly does not want an affidavit by Minister Pravin Gordhan to be admitted as evidence against him and he also objected to the former finance minister and Sars commissioner’s affidavit, claiming he didn’t have authority to speak on the matter.

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