See you in ConCourt: Moyane snubs misconduct probe
Ex-SARS boss refuses to answer any questions until Constitutional Court has ruled on their legality
Suspended SA Revenue Services commissioner Tom Moyane has vowed not to answer any questions from the disciplinary investigation against him until the highest court in the land has ruled on its fairness.
His lawyer, Eric Mabuza, last week sent a letter to Advocate Azhar Bham, who is chairing the misconduct inquiry against Moyane, to warn him his client would turn to the Constitutional Court instead of cooperating with the investigation.
Moyane “will not be submitting any answering affidavit in your Disciplinary Inquiry”, writes Mabuza.
He is disputing that he has a legal obligation to file such an affidavit.
“Needless to say, our client persists in his long held and repeatedly articulated belief that the exchange of affidavits is, in the circumstances, unlawful and unconstitutional,” Mabuza writes.
“Until the objections raised by our client are finally determined by a court of law, they remain.”But President Cyril Ramaphosa has urged Moyane to respond to the gross misconduct claims against him.
“Mr Moyane is within his rights to go to court. Undoubtedly this is a matter that would be vigorously defended," Ramaphosa's spokesperson, Khusela Diko, told Times Select.
Ramaphosa “has and continues to urge Moyane to respond to the substantive allegations” against him, she added.
Ramaphosa suspended Moyane in March.
The claims against him centre on his alleged mishandling of a Financial Intelligence Centre report on his former second-in-command Jonas Makwakwa; unauthorised bonus payments to his staff; allegedly misleading parliament over the Makwakwa investigation; and instructing SARS employee Helgard Lombard to feign illness and not cooperate with the KPMG investigation into the so-called SARS “rogue unit”.
Last month, Bham, the chair of the inquiry, dismissed Moyane’s complaints about the inquiry. Moyane has argued that Ramaphosa needed to himself testify on why he had lost confidence in him. Moyane is also unhappy that former Finance minister Pravin Gordhan, his long-time adversary, was the person who detailed the allegations against him.
Moyane argued that Gordhan was not legally empowered to make the case against him, and slammed the minister’s affidavit as “vague and embarrassing”.
Bham dismissed Moyane's complaints.Mabuza, Moyane's lawyer, said his client did not accept the ruling.
“Our client therefore finds himself in the invidious position where after raising his procedural objections with the President a few months ago, he was advised by the President to raise them with you. When he did exactly that, you ruled that he should raise them with the President!”
But Diko, of the Presidency, told Times Select Moyane's lawyers were “choosing to misunderstand” the situation.
“The president said, since he expected they would raise their concerns with Advocate Bham (which they did), he would await to hear the outcome. Advocate Bham decided on the matter.”
Moyane also maintains that he is being unfairly subjected to two inquiries, as the Nugent Inquiry into tax administration has largely focused on allegations of wrongdoing by him.
He argues that one of the inquiries should be stayed.
Diko is however adamant that “at no point did the president indicate he would stay any of the matters (Nugent or Bham Inquiry)”.
Moyane will now raise his objections before the Constitutional Court.