Sars man fighting to get job back
TOM MOYANE’s legal representatives are fighting for him to get his job back as the South African Revenue Service’s (Sars) commissioner if he is cleared at inquiries probing his fitness to run the institution.
This was the assertion made yesterday by attorney Eric Mabuza; the embattled and suspended Sars commissioner’s legal representative, who was addressing the media at a briefing in Johannesburg.
“If Mr Moyane is found not guilty, it would be unfair for him not to go back to Sars. He (Moyane) must go back to Sars and serve the nation; he is willing to serve,” Mabuza emphasised.
The attorney underlined that Moyane was willing to serve the nation.
Mabuza, who represents Moyane at both the Sars commission of inquiry and his disciplinary hearing, also welcomed President Cyril Ramaphosa’s response to their list of demands.
The attorney wrote to Ramaphosa last week arguing against what he called “the gross unfairness of being simultaneously subjected to both processes”, which they believe to be the same or largely overlapping.
This relates to the inquiry Ramaphosa gazetted in May to probe supposed governance problems at Sars, as well as the disciplinary hearing the president announced in March after suspending Moyane for an alleged “deterioration in public confidence in the institution and in public finances being compromised”.
Moyane’s disciplinary hearing is expected to hear oral submissions on July 2 and will be chaired by advocate Azhar Bham.
The commission of inquiry is chaired by retired Judge Robert Nugent and is expected to produce an interim report in September and a final outcome in November.
In his letter to Ramaphosa, Mabuza said the simultaneous inquiries were unfair and irrational.
Moyane’s legal team demanded that the president disband or stay one or both of the inquiries. They also wanted Professor Michael Katz, who is Ramaphosa’s personal attorney, removed as one of Nugent’s assistants in the inquiry.
State attorney AGF Mokgale, on behalf of Ramaphosa, responded to Mabuza on Friday, writing that the president understood that Moyane’s disciplinary hearing was scheduled for later this month, at which Mabuza’s objection would be argued and decided.
In respect to the demands related to the commission of inquiry, Mokgale said there were no hearings scheduled until August – therefore there could be no prejudice to Moyane should advocate Bham’s hearing be awaited.
“In the circumstances, the president will give his answer to the list of demands made in your letter . . . once he has had the benefit of the consideration of the ruling of Advocate Bham SC in relation to the matter,” Mokgale wrote to Mabuza.
Mabuza welcomed these responses at yesterday’s press briefing, and stressed that Moyane should return to the helm of Sars if he is acquitted at both investigations.
He added that Moyane had every right to request taxpayers to pay his legal fees; a request which was denied by Ramaphosa.
“He (Moyane) is funding himself; he’s still standing. Maybe in due course the issue will arise again. But, at the moment, he is funding himself,” Mabuza said.