Moyane gets one over Ramaphosa as his disciplinary hearing is postponed

Suspended SARS head Tom Moyane.
Suspended SARS head Tom Moyane.
Image: GALLO IMAGES

Suspended SA Revenue Service (Sars) boss Tom Moyane has bought himself a little more time before he has to face up to allegations placed at his door‚ with his disciplinary hearing having been postponed.

Moyane got a leg up on President Cyril Ramaphosa after advocate Azhar Bham on Thursday postponed the hearing.

This was in light of Moyane's legal counsel‚ comprised of Dali Mpofu and Eric Mabuza‚ earlier filing an application to the Constitutional Court to object to the disciplinary hearing and retired judge Robert Nugent's commission of inquiry into Sars being conducted at the same time.

Bham heard arguments from Mpofu and Ramaphosa's legal counsel‚ headed by advocate Heidi Barnes‚ on Thursday.

He said he needed to weigh up the urgency of finalising disciplinary processes against Moyane with the suspended commissioner's rights to a fair and equal process.

He said that if the court dismissed Moyane's application‚ it would put both parties on a tight timeline – but if it sided with the application‚ it would render any progress on the disciplinary hearing a waste.

Bham therefore postponed the hearing pending the outcome of Moyane's present application to the country’s highest court.

TimesLIVE previously reported that Moyane had approached the Constitutional Court to have his disciplinary inquiry decided through oral evidence‚ and was fighting Ramaphosa’s “decision to deny me my right to an oral hearing and/or cross-examination of witnesses‚ alternatively to make the right of cross-examination subject to the discretion” of Bham or Nugent.

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