Disciplinary chair considers objections by Tom Moyane

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.

- Business Day