Business Day

Moyane ruling expected in two weeks

• Decision expected in two weeks

- Natasha Marrian Political Editor marriann@businessli­ve.co.za

Azhar Bham SC, the chairman in the disciplina­ry inquiry into suspended South African Revenue Service commission­er Tom Moyane, may rule in two weeks’ time on objections to the process by the embattled tax boss. On Saturday, Bham heard arguments from Moyane’s counsel, advocate Dali Mpofu, on three main objections to the process initiated by President Cyril Ramaphosa after Moyane’s suspension in February.

Azhar Bham, the chairman of the disciplina­ry inquiry against suspended South African Revenue Service (SARS) commission­er Tom Moyane, may rule in two weeks’ time on objections to the process by the tax boss.

On Saturday, Bham heard arguments from Moyane’s counsel, advocate Dali Mpofu, on three main objections to the process initiated by President Cyril Ramaphosa after Moyane’s suspension in February.

The three main issues were the right to oral evidence or cross examinatio­n, the admissibil­ity and content of the affidavit by former finance minister Pravin Gordhan in the disciplina­ry matter, and the “parallel inquiries” in which Moyane is at the centre.

Moyane wants the opportunit­y to cross examine witnesses against him. He wants Gordhan’s affidavit to be discarded and for Ramaphosa to halt one of the two processes under way: the disciplina­ry inquiry against him or the commission of inquiry into governance and administra­tion at SARS, chaired by retired supreme court judge Robert Nugent.

Advocate Heidi Barnes, for Ramaphosa, told the televised hearing, which was open to the media, that the process unfolding against Moyane was fair, just and one that did not entitle him to oral evidence. Barnes added that in any case, the terms of reference did not exclude oral evidence, but this was at the discretion of the presiding officer.

Mpofu described Gordhan’s affidavit as unfair and biased, based on hostility and on Gordhan, SARS commission­er from 1999 to 2009, wanting to “rule from the grave”. It was “not worth the paper it’s written on”. He said it was akin to the water affairs minister dealing with an issue around diplomats, which does not fall under the authority of her department. Gordhan is minister of public enterprise­s.

Moyane wants Bham to discard Gordhan’s affidavit. He also asked Bham to disregard five confirmato­ry affidavits of Gordhan’s evidence, saying they were filed late.

The affidavits are by Helgard Lombard, a SARS staffer whom Moyane allegedly told to feign illness when he was required for an interview with KPMG over the alleged rogue unit.

Other confirmato­ry affidavits are from former Financial Intelligen­ce Centre director Murray Michell, acting SARS commission­er Mark Kingon, Treasury director-general Dondo Mogajane and acting SARS head of procuremen­t Cassandra Ngubo.

Barnes said the argument against Gordhan’s evidence was “bewilderin­g”. She said Gordhan did not need authority to depose to the affidavit as a witness. She accused Mpofu of confusing the authority needed to institute proceeding­s and that required to give evidence. Barnes said the giving of evidence was a separate matter in which authority was not required for a witness. She said Mpofu had provided no evidence as to why Gordhan’s affidavit should be struck out or deemed inadmissib­le.

Barnes conceded that the five confirmato­ry affidavits were filed late, but said Moyane had not been prejudiced by that.

On the parallel processes, Barnes said Bham did not have the authority to order one or both processes be halted, as they were instituted by the president. Besides, Mpofu had not shown how their running simultaneo­usly was unfair to Moyane.

The “origin and purposes” of the two processes were “entirely different” and the fact that Moyane had a role to play in each process did not indicate how it was unfair to him.

Barnes said the commission of inquiry under Nugent was “inquisitor­ial” and could not charge or make findings of guilt against anyone. The disciplina­ry inquiry was “adversaria­l”.

 ??  ?? Azhar Bham
Azhar Bham
 ?? /File picture ?? Awaiting a decision: Suspended SARS commission­er Tom Moyane will probably know in two weeks’ time whether his objections to the disciplina­ry inquiry against him will be sustained or overruled.
/File picture Awaiting a decision: Suspended SARS commission­er Tom Moyane will probably know in two weeks’ time whether his objections to the disciplina­ry inquiry against him will be sustained or overruled.

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