Ramaphosa being unfair to suspended SARS boss Tom Moyane‚ Dali Mpofu charges

21 July 2018 - 12:42 By Bongani Fuzile
Tom Moyane.
Tom Moyane.
Image: Esa Alexander

Dali Mpofu has hit out hard at Cyril Ramaphosa‚ saying that the president was not being fair to suspended SARS boss Tom Moyane.

He has also called for Moyane to be given a chance to have oral evidence presented during his disciplinary hearings – and questioned why there were two inquiries into Moyane’s case at the same time.

Mpofu is representing Moyane at his SARS disciplinary hearing‚ which started in Johannesburg on Saturday.

He said that Moyane was not the first public office bearer to be suspended‚ but questioned why his case was being treated differently and why he was being treated unfairly.

“The president of South Africa‚ in his wisdom‚ said the inquiry must be fair‚ just and aligned with the Labour Relations Act‚ and [done] in a speedily manner. He does not say because it’s urgent‚ it must not be conducted fairly.

 

“We are guided by the Labour Relations Act and the contract of employment in this hearing‚” he said.

Mpofu said an inquiry into the alleged misconduct of a senior employee was conducted by way of oral hearings.

“Everybody knows that this is supposed to be done in an oral way. We can mention a number of these people like [former SAPS head Riah] Phiyega‚ [former NPA boss Mxolisi] Nxasana and others...they were given a fair chance‚ but why not Moyane?”

Ramaphosa lawyers accuse Moyane of “effectively sabotaging” his own misconduct hearing. But Mpofu said there were two inquiries currently running concurrently.

“You can’t have two public inquiries; this is madness as one is inquisitorial while another is adversarial.”

He said Ramaphosa should respect the rule of law.

“The president [Ramaphosa] can’t do as he likes; there’s a rule of law and that must be respected. We are here today because the president has lost confidence in Moyane. Give him a chance to have an oral reply‚” said Mpofu.

He said that in the days after the commission was set up‚ Public Enterprises Minister Pravin Gordhan “rocks up with his affidavit” - while Moyane was not even invited to give evidence.

“Gordhan rocks up at a party where he’s not even invited. I’m sorry‚ that’s not the law in our country‚” he said.

He called for Gordhan to come and be questioned.

“We can read his affidavit until our eyes turn red. He must come and be in front of us here.”

He said Gordhan was ruling “from the grave” as a former SARS commissioner.

“Gordhan is a biased individual. He’s a former SARS commissioner who ruled from the grave. He thinks that as Moyane’s predecessor he could have done better‚” he said.

Led by Advocate Heide Barnes‚ the president’s counsel‚ in their response‚ said the terms of reference of the hearings were clear and fair.

Barnes said the president had the executive power to dismiss or suspend in terms of section 6 of the SA Revenue Services Act No 34 of 1997‚ the SARS Act.

“The president has that power. That is premature to say that the oral evidence won’t be given. That will be determined by the chairperson of this inquiry‚ “said Barnes.

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