Former South African Revenue Service (SARS) commissioner, Tom Moyane, finally made his first appearance in the Roodepoort Magistrates’ Court on Tuesday, 26 November, facing charges of assault, dating back a year-and-a-half.
Moyane allegedly attacked the mother of his grandchild, who was apparently in a relationship with his son.
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The incident took place in Weltevreden Park in Roodepoort when the mother was only 17 years old. It was reported that the teenage mother of the toddler had faced emotional abuse at the hands of Moyane prior to the assault. According to the charge sheet Monyane kicked the victim around and damaged her cellphone during the incident on 14 May.
A case of common assault was open at Honeydew Police Station after the incident. A year-and-a-half later, he briefly appeared in court for the first time where the matter was postponed to 11 December for his Defence to study the docket.
However, the Magistrate imposed strict conditions on Moyane. He was not to interfere with the complainant or engage his son on the matter. Advocate Gerrie Nel, Head of AfriForum’s Private Prosecution Unit, is prosecuting Moyane in this case.
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Speaking to the media after the court proceeding, Moyane’s lawyer explained that they needed copies of the docket to familiarise themselves with the charges and the merits of the case as presented by AfriForum’s Private Prosecution Unit.
He said they respected the ruling of the court but were confused because the victim’s mother had opened the case, and not the teenage victim herself.
During the media briefing, AfriForum’s Advocate Elijah Mamabulo clarified that the complainant in this case was in fact the teenage mother, despite her mother having initially opened the case.
He also expressed disappointment in the National Prosecuting Authority (NPA).
“The NPA’s failure to prosecute Moyane is a violation of its constitutional duty to strive for justice. In fact, it took the NPA merely nine days to make this decision, without even consulting the victim. The level of violence against women in this country is unacceptable and the fact that no action was taken against Moyane immediately – despite a prima facie case against him – leaves victims of violence in the lurch,” said Mamabolo.
AfriForum’s campaign official, Natasha Venter, added, “As long as high-ranking government officials evade prosecution due to their political influence, there cannot be equality before the law. Private prosecution of Moyane is in the interest of broader society. Nobody should be above the law, which is why the counterbalance of a private prosecution unit is so important.”
