/ 17 May 2018

Moyane’s lawyers weighing options after Ramaphosa snub

Moyane was suspended on March 19 in a letter by Ramaphosa
Tome Moyane’s supporters intend to use the information in retired judge Robert Nugent’s commission of inquiry into Sars (Esa Alexander/The Times)

Suspended South African Revenue Service (SARS) Commissioner Tom Moyane’s legal team is studying President Cyril Ramaphosa’s letter, in which he reportedly plays hardball and refuses to agree to any of Moyane’s requests.

Moyane’s lawyer Eric Mabuza told Fin24 they are yet to be advised of the date for the disciplinary inquiry, which will be chaired by retired Constitutional Court Judge Kate O’Regan.

Mabuza also confirmed that Moyane will plead not guilty to all 12 charges of misconduct he faces.

READ MORE: Ramaphosa takes a hardline approach to Moyane’s demands

“Yes, we have received the communication that has been reported in the media. We got it from the president’s representatives yesterday. We would prefer not to disclose it. In response to these representations, we are looking at our options, and there are many,” Mabuza told Fin24.

Business Day reported that Moyane’s legal team had written to Ramaphosa arguing against the disciplinary inquiry being held in writing, as the SARS Act allows for oral evidence.

According to the disciplinary hearing’s terms of reference, oral evidence would be heard only at the panel chair’s discretion.

Mabuza had also requested negotiations for the state to pay Moyane’s legal fees for the duration of his disciplinary inquiry.

Presidency spokesperson Khusela Diko confirmed to eNCA that Ramaphosa had turned down Moyane’s requests, and added that it was “unfortunate” he had taken his issues to the media.

Diko said that all processes relating to the disciplinary inquiry were fair.

Moyane was suspended on March 19 in a letter by Ramaphosa, who accused him of contributing to the “deterioration in public confidence at SARS and public finances being compromised”. — Fin24