JOHANNESBURG- Suspended SA Revenue Service Commissioner Tom Moyane has taken his fight to halt one of the two inquires straight to President Cyril Ramaphosa into tax administration and his alleged misconduct – or face urgent legal action.
He has sent a letter of demands to the president Moyane’s lawyer demands the president to stop the inquiries his client is facing, saying the inquiries are a waste of tax payers money, unfair and biased.
Moyane’s lawyer Eric Mabuza wrote to Ramaphosa‚ hours after retired Judge Robert Nugent dismissed the same argument about his inquiry into tax administration, “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.”
Judge Nugent found the submissions to halt the inquiry as a “disgrace” and “abusive.”
In Moyane’s letter to Ramaphosa‚ Mabuza said it seemed Nugent “has adopted the attitude that these are issues which do not fall under his jurisdiction but that of the President. His attitude seem to be that he is obliged to follow the instructions of the President irrespective of whether those instructions are lawful or unlawful”.
“A second objection‚ raised only in the Commission of Inquiry‚ is your unlawful appointment of Prof Katz as an assistant and thereby a decision maker therein‚ despite the close personal relationship and association you enjoy with him more specifically but not limited to him being your personal and business attorney in respect of past and present legal proceedings. This renders Prof Katz as an assumed agent or extension of yourself‚” Mabuza wrote to Ramaphosa.
Mabuza further stated, ”
“At this stage‚ suffice to say that‚ based on such perceptions as well as the patent unfairness and irrationality (not to mention the waste of taxpayers’ money) associated with your simultaneous appointment and/or institution of both inquiries as well as your appointment of Prof Katz‚ we are instructed to demand‚ as we hereby do that the President must:
- Disestablish or stay one or both of the inquiries. (Your legal advisors might inform you that in terms of our law it is the later proceedings which should be stopped‚ but there are exceptions to that general rule which may or may not apply in the present situation);
- Remove Prof Katz as your appointed assistant to Commissioner/Judge Nugent; and/or
- Respond to the aforesaid‚ in compliance with our client’s demands‚ as soon as possible but no later than 16h00 on Friday 6 July 2018‚ failing which our client will have no option but to enforce his constitutional rights including but not limited to approaching the High Court or the Constitutional Court on an urgent basis to seek appropriate relief.”
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