Former Sars boss on a mission to ‘reverse removal’

FORMER SA Revenue Service boss Tom Moyane wants to use the State Capture Commission of Inquiry to “rehabilitate himself” and his career prospects, the commission heard yesterday.

Advocate Michelle Le Roux, arguing for public enterprises minister Pravin Gordhan against Moyane’s application for leave to cross-examine the minister, said the former commissioner failed to set a foundation identifying aspects in Gordhan’s evidence that he disagrees with, and grounds for that.

“If we understand the purpose of a cross-examination before you, this application should be denied in its entirety. My learned friend (Dali Mpofu) accepts that there is no automatic right to this, and that that is your discretion… what he failed to address is the test that the regulation and rules set for the exercise of that discretion,” Le Roux said.

Moyane, said Le Roux, wants to resuscitate the Sars rogue unit narrative and try to reverse his removal that

stemmed from the damning Nugent commission’s report.

“Is it necessary and does it progress the commission’s work if it digresses into the issues listed in Mr Moyane’s application? We would submit it does not. He wants to resuscitate the so-called rogue unit narrative and reverse his removal as commissioner of Sars…”

Le Roux said Moyane’s application amounted to asking the commission to “redo and review’’ Nugent’s investigation. She said Nugent concluded there was no basis in saying an unlawful unit was established at Sars.

Nugent recommended the investigative unit be re-established at Sars to investigate illicit trading and look into the tax affairs of politically prominent people, and that is taking place.

Commission chairperson Deputy Chief Justice Ray Zondo said it would be more accurate to look into the same issues Judge Nugent looked at, without “labelling it a redo or review”.

Le Roux replied: “Yes, you are certainly being asked to come to the opposite conclusion to that of Nugent. You are being asked to find there was a rogue unit. Nugent found there was not such an illegal unit at Sars.

“Let’s assume you do this and come to a different conclusion to him (Nugent) and put that forward to the president. What is the president to do with conflicting reports from two inquiries going in different directions?’’

Le Roux said as far as she knew Moyane had not launched a review of the Nugent report.

Judgment on Moyane’s application was reserved.