Moyane’s attempt to halt Sars commission fails

Retired Judge Robert Nugent handed suspended SA Revenue Service (Sars) commissioner Tom Moyane and his legal representative Advocate Dali Mpofu a setback on Monday after dismissing their appeal to have Nugent’s inquiry into Sars halted until Moyane’s disciplinary at Sars is concluded.

Nugent promised to consider the appeal and provide feedback on Monday afternoon. He kept to that deadline, but the news for Moyane was not good.

The commission head said the fact that Moyane was already undergoing a disciplinary process at Sars was not relevant as the commission had been dealing with matters that went beyond only Moyane and was tasked with investigating Sars in general.

Nugent explained that, even if he wanted to, the commission – as asked for by President Cyril Ramaphosa – would not be able to dissolve itself.

He also countered Mpofu’s argument that Moyane had never been invited to give his side to the commission.

Nugent told Moyane he was being disingenuous and had indeed been invited to the commission from 20 June already.

The retired judge added that the commission did not have powers to rule on whether Sars should pay any of Moyane’s legal fees.

Over the weekend, experts said Moyane’s attempt to have the Nugent commission into Sars postponed until his disciplinary process is complete was a desperate grasping at straws.

Mpofu last week accused the commission of gross unfairness, saying previous witnesses had lied, with the biggest of these lies being the denial of the existence of the so-called Sars rogue unit.

Nugent, however, replied that Mpofu’s submissions were an attempt at “constructing a conspiracy”.

Nugent had other fiery rebuttals for Mpofu’s tirade against the inquiry on Friday, remarking that he had never before been referred to as a “kangaroo court”. He stopped just short of accusing Mpofu of violating the Commissions Act.

Mpofu’s main arguments were around the supposed unfairness of the inquiry, particularly with how witnesses such as Public Enterprises Minister Pravin Gordhan were allowed to make grave accusations against Moyane, without the suspended commissioner being given a chance to defend himself.

He also accused Ramaphosa of abusing his power, by appointing his personal representative in a civil dispute to the Sars commission.

To this, Nugent remarked: “I am the commission” and said Professor Michael Katz was merely assisting him.