Moyane turns to Cyril as judge slams his advocate

Suspended South African Revenue Service (Sars) commissioner Tom Moyane will approach President Cyril Ramaphosa to suspend the commission of inquiry into tax administration and governance by Sars following retired justice Robert Nugent’s forceful rejection of his submission.

His lawyer, Eric Mabuza, said he had expected the ruling and regretted Nugent had made the issue “personal”.

Nugent yesterday slammed Moyane’s advocate, Dali Mpofu, for “abuse” and impugning the commission, and rejected allegations over his conduct as half-baked and a disgrace.

Nugent called Moyane’s submission, made last Friday, a disgrace.

“The content plays fast and loose with the facts, draws inferences from inadequate material and it is littered with abuse, invective and sinister suggestion purporting to support an allegation that ‘the commission has prejudged the issues and is merely going through the motions to reach a predetermined outcome’,” Nugent said.

“The content is also directed at throwing bait before the media aimed at, among others, reviving an allegation that a ‘rogue unit’ existed within Sars.”

Nugent noted “counsel for Mr Moyane” handed him a memory stick which he said contained information establishing the existence of such a unit, and proposed he share it with the media.

“This commission will certainly not do so on his behalf,” said Nugent.

Attempts to obtain the so-called evidence proved fruitless.

Moyane, through Mpofu, asked Nugent to halt the commission until his disciplinary hearing was completed, expunge all evidence led so far, recuse professor Michael Katz, undertake to not hear evidence relating to Moyane’s impending disciplinary and direct Sars to render legal assistance.

Nugent told Moyane to take his case to Ramaphosa. Should this fail, Mabuza said, they would then consider approaching the courts for relief.

The commission is expected to resume its second round of hearings in August.

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