As it happened: Moyane wants to return to head SARS and 'serve the nation'

2018-07-09 10:46

Eric Mabuza, the lawyer for suspended SARS commissioner Tom Moyane, has said that if Moyane is found not guilty at an upcoming disciplinary hearing, it is 'logical' for him to return to SARS and "serve the nation".

Former SARS Commissioner Tom Moyane
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Last Updated at 00:19
09 Jul 11:54

"If Moyane is found not guilty, it is a logical thing for him to return to SARS. If he is found not guilty he must then go back to his job and serve the nation," says Mabuza. 

The briefing has now ended. 


09 Jul 11:48

Mabuza is again asked what the President said in his letter.

"The president has suggested a model that works," says Mabuza. 

He says that at the moment the Nugent and Bham inquiries will not take place in the same time. 

"He adopted a very sensible approach, he will await the outcome of Bham," says Mabuza. 

The Bham hearing is an upcoming internal disciplinary hearing into Moyane, which is expected to start in two weeks.  

The Nugent inquiry - which Mabuza says will resume in August - is an official commission of inquiry appointed by President Cyril Ramaphosa that is investigating issues of governance at SARS. 


09 Jul 11:43

Mabuza says that the fact that two inquiries may run concurrently - the Nugent Inquiry into governance at SARS, and an upcoming disciplinary hearing into Moyane to be chaired by Azhar Bham - "may result in a wastage of tax payers money".

"Bham may take 4 weeks until outcome is known, so if the Nugent inquiry resumes during that period we will launch an objection," says Mabuza. 


09 Jul 11:37

Mabuza has not yet shared the letter that Moyane received from President Cyril Ramaphosa. He says that he will share the letter with journalists after the briefing. 

Mabuza reiterates that because Moyane is "hosting" the briefing - and not "holding" the briefing - he does not intend to speak. 

He adds that his client is funding himself. 


09 Jul 11:32

Mabuza says the media must report "fairly and truthfully". 

"I suspect you may be involved," he says, apparently in response to a specific journalist's question, but then denies he is "attacking the media".

Mabuza then says that a recording where Moyane appears to ask a SARS official to fake evidence evidence at a a meeting with KPMG has been "doctored".

"That recording is doctored," he says. "We will be able to demonstrate that at the inquiry".  


09 Jul 11:23

Mabuza, who is talking on behalf of his client, is asked a question about a memory stick with evidence submitted to retired judge Bob Nugent. 

Nugent last week said that counsel for Moyane had handed him a memory stick which was alleged to contain information proving the existence of a 'rogue unit' within the agency.

"And he proposed that I share it with the media. If Mr Moyane wishes to distribute material to the media then he must do it himself," said Nugent last week Monday. "The commission will certainly not do so on his behalf."

Mabuza says he recordings were leaked to media.

"We will release them in a responsible manner because they might implicate some other people. We are happy to release the recording to a judge," he says.


09 Jul 11:17
Moyane has not yet said anything at the briefing. His lawyer Eric Mabuza has been doing all the talking. 

09 Jul 11:15
A question and answer session has started. 

09 Jul 11:14

"Now Mr Moyane appeals for an end to gratuitous insults he has endured. For his part Mr Moyane will continue his silence and will only communicate through his lawyer. But his silence must no be taken for timidness," states Moyane's lawyer. 

"This is a time for cool heads... let justice and fairness prevail, let's all put the era of populist approach behind us. This situation calls for decisive leadership."


09 Jul 11:13

Moyane's lawyer has again said that two simultaneous investigations - the Nugent commission into governance at SARS, and Moyane's upcoming internal disciplinary hearing - cannot take place at the same time. 


09 Jul 11:09
Moyane's lawyer says that, in the past three months his client has had to endure "unfair treatment, unfair suspension [and] trial by media."

09 Jul 11:06

Moyane's lawyer Eric Mabuza has started the briefing Eric Mabuza.

"It's been three months since Mr Moyane's suspension and it seems like there is no end in sight," he says.

"At the heart of this unnecessary impasse there is one issue, ie fairness in dealing with a another human". 


09 Jul 11:02
Moyane has arrived to brief the media. 

09 Jul 10:56

After Nugent dismissed a request by Moyane's layers for the inquiry to halt, the suspended commissioner's legal team sent a letter to President Cyril Ramaphosa - who established the commission - asking him to halt it or put it on hold. 

They said that Moyane's upcoming internal disciplinary hearing could not take place at the same time as the inquiry. 

"Our client has sharply raised in both proceedings, the gross unfairness of being simultaneously subjected to both processes when the subject matter enquired into, as it pertains to him, is substantially the same and/or largely overlapping," read the letter from Mabuza Attorneys. 


09 Jul 10:47

On Sunday City Press reported that Advocate Dali Mpofu, acting on behalf of Moyane, may have contravened key aspects of the Commissions Act and promulgated regulations in his attack on the SARS inquiry headed by retired judge Robert Nugent. 

Moyane's legal team previously asked that the inquiry into governance at the tax agency be put on hold or even "disestablished". 

In response the inquiry's chair Nugent ruled that the inquiry would not stop, and referred to a document sent to him by Moyane's legal team as "a disgrace", saying it was filled with "abuse, invective and sinister suggestion". 

Formed SARS officials have had strongly criticised Moyane's tenure at the revenue collection agency. 

"A series of events since August 2015 has made me feel harassed, victimised, bullied and marginalised,” the former head of SARS’ Large Business Centre, Sunita Manik, said in a letter placed before the commission.


09 Jul 10:47

Suspended SARS commissioner Tom Moyane is set to brief the media on Monday about "current matters" after he came in for sustained criticism at the Nugent inquiry into governance at the tax agency.

"Moyane will host a press conference to brief the public about the latest developments in the current matters dealing with his current term of office at SARS," his lawyer Eric Mabuza said in a statement.

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