Moyane’s lawyer disputes Gordhan’s authority in disciplinary inquiry

Suspended Sars commissioner Tom Moyane’s advocate Dali Mpofu has disputed the authority of former finance minister Pravin Gordhan in relation to disciplinary action against his client.

This is the first disciplinary hearing four months after Moyane was suspended by President Cyril Ramaphosa in March. The hearing is currently under way in Sandton in Johannesburg, and is chaired by advocate Azhar Bham.

Mpofu said Gordhan’s personal knowledge about Sars was up to March 2017 – a year prior to Ramaphosa suspending Moyane. He read from Gordhan’s affidavit and said he had acted unlawfully in terms of his custody and control.

“I am not questioning Mr Gordhan as a witness. If you are a public official you are not allowed to exercise powers except by public provision, and authority is derived from parliament and law,” said Mpofu.

There was no connection between the suspension and the charges made against Moyane by Gordhan and others.

Mpofu said Gordhan should speak to the issue of confidence in Moyane’s ability to lead SARS, not anything else. “The only reason we are here is because Mr Moyane was suspended pending a disciplinary inquiry. Mr Moyane is here because the president says he lost confidence in him for whatever reason,” he said.

Mpofu alleged that Gordhan had “rocked up to a party to which he was not invited and ran the show, which is not allowed in law”.