UPDATE: Moyane’s disciplinary hearing postponed
Moyane's disciplinary hearing got underway on Thursday but has now been delayed pending his application at the ConCourt.
Suspended SARS commissioner Tom Moyane during a press briefing by his lawyer, Eric Mabuza at the Protea Wanderers hotel in Illovo, 9 July 2018. Picture: Neil McCartney
The disciplinary hearing looking into suspended South African Revenue Service (Sars) boss Tom Moyane’s conduct while commissioner of the revenue collector has been postponed.
It was reported earlier on Thursday that Moyane had applied for the postponement, which advocate Azhar Bham, chairperson of the disciplinary inquiry has now granted.
Moyane reportedly wants the hearing to be postponed until his Constitutional Court application has been heard which aims to declare President Cyril Ramaphosa’s decision to set up the hearing and show the Nugent commission of inquiry into the running of Sars as unlawful, invalid, and unconstitutional.
Moyane further approached the ConCourt to reportedly request the court to declare that Minister of Public Enterprises Pravin Gordhan’s involvement in both the disciplinary hearings and Nugent inquiry to be “unlawful, irrational, and unconstitutional” as well.
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.
Moyane is facing serious allegations of misconduct during his tenure at Sars that could result in a possible criminal sanction.
Moyane faces charges related to alleged misconduct in violation of his duties and responsibilities in terms of the South African Revenue Service Act, Public Finance Management Act, and Sars Code of Conduct.
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