Business Day

Moyane: I am not the devil incarnate

Suspended Sars boss lashes ‘biased and unfair’ Nugent Ultimatum issued to Ramaphosa

- Karyn Maughan Writer At Large

Suspended SA Revenue Service (Sars) commission­er Tom Moyane attacked the judge heading a commission of inquiry into the tax agency during his reign as irrational and biased, saying murderers and serial rapists would get better treatment.

Moyane has described himself as the best Sars commission­er in the democratic era and has rejected accusation­s that his mismanagem­ent at the tax agency was partly responsibl­e for revenue shortfalls that contribute­d to the country being hit with a VAT increase this year. He told President Cyril Ramaphosa that retired judge Robert Nugent was irrational and unfair in his recommenda­tion that he be fired immediatel­y.

In a letter sent to the president last week, Moyane’s lawyers threatened to take further action if Ramaphosa does not indicate by November 9 that he will ignore Nugent’s recommenda­tions. Nugent was seeking the permanent appointmen­t of the current acting commission­er, Mark Kingon, and the lawyers said he was “hell-bent” on portraying Kingon as an “angel juxtaposed with ... Mr Moyane as the devil incarnate”.

Ramaphosa replaced Jacob Zuma as president in February and immediatel­y pledged a clean-up of key state institutio­ns mired in allegation­s of corruption and state capture during his predecesso­r’s reign.

Moyane has refused to go quietly, launching a Constituti­onal Court bid to stop both the Nugent commission and a separate inquiry into his suitabilit­y to hold office.

Responsibl­e for collecting the revenue the government uses to fund everything from health care to defence, Sars is one of the key institutio­ns of state and the management upheaval has harmed its ability to do its job.

Moyane’s lawyers have argued that Nugent’s decision to praise Kingon for taking “admirable steps to correct immediate concerns” showed the judge’s bias. “In the relevant factual and historical context, such behaviour can only be described as deplorable and backward,” they said.

They also criticised the judge

for making findings against Moyane without hearing his side of the story and giving him “the right to confront his accusers, which is given even to the most vile mass murderers, serial rapists, etc”.

Earlier this month, Nugent filed a notice of opposition to Moyane’s bid to challenge the fairness of his inquiry. Ramaphosa and public enterprise­s minister Pravin Gordhan are also opposing Moyane’s 700page applicatio­n.

Ramaphosa has until Friday to file his response to that case, in which Moyane is arguing for the president to be found to have violated the constituti­on and his oath of office. While the court has yet to determine whether to hear Moyane’s argument, Nugent has recommende­d to Ramaphosa that he be dismissed and replaced with a new permanent commission­er.

Moyane argues that this recommenda­tion is unlawful as the terms of reference “do not include employment issues of individual­s and specifical­ly exclude the employment or dismissal of Commission­er Moyane, which the President consciousl­y delegated to the Disciplina­ry Inquiry chaired by Advocate Azhar Bham”.

After his suspension, Moyane was later charged over his alleged mishandlin­g of a report on the conduct of his former second-in-command, Jonas Makwakwa, and for misleading parliament over that investigat­ion. He is also accused of giving unauthoris­ed bonus payments to staff and instructin­g an employee to feign illness in order to avoid co-operating with investigat­ors into the so-called “rogue unit”.

The resolution of those charges, which was to be decided on by Bham, has been put on hold pending the Constituti­onal Court case.

Ramaphosa’s spokespers­on, Khusela Diko, told Business Day the president had received Moyane’s submission­s and was applying his mind to them.

 ?? /Jairus Mmutle ?? Making a point: President Cyril Ramaphosa engages with German Chancellor Angela Merkel and Rwandan President Paul Kagame at the Group of 20 investment summit which was held in Berlin, Germany, on Tuesday.
/Jairus Mmutle Making a point: President Cyril Ramaphosa engages with German Chancellor Angela Merkel and Rwandan President Paul Kagame at the Group of 20 investment summit which was held in Berlin, Germany, on Tuesday.
 ??  ?? Tom Moyane
Tom Moyane

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