18/05/2018 06:20 SAST | Updated 18/05/2018 06:20 SAST

Tom Moyane Wants Disciplinary Inquiry Judge To Step Down

Moyane says former Constitutional Court justice Kate O'Regan is biased.

Tom Moyane seen in Parliament on November 28 last year in Cape Town.
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Tom Moyane seen in Parliament on November 28 last year in Cape Town.

Suspended SA Revenue Service (Sars) boss Tom Moyane says that former Constitutional Court justice Kate O'Regan, appointed to preside over his disciplinary inquiry, must recuse herself because she is biased, TimesLive reported.

Moyane is facing a disciplinary hearing after being suspended by President Cyril Ramaphosa over a variety of issues, including his role in controversial VAT payouts to the Guptas and his handling of the Jonas Makwakwa matter.

Moyane's lawyer, Eric Mabuza, reportedly wrote to O'Regan this week and said that because she was a board member of NGO Corruption Watch, she could not be objective. Corruption Watch reportedly previously referred to Moyane as a treasonous criminal.

"Presumably, as its board member, you associate yourself and are in full agreement with this and other statements made by Corruption Watch concerning Mr Moyane and the general public posture which Corruption Watch has adopted against him.

Mr Moyane has accordingly instructed us to communicate his strongest objection to you presiding over his inquiry. He is of the firm view that your association with Corruption Watch has created an untenable situation for you to preside in his inquiry. He does not believe that you will be able to bring an objective and unbiased mind to the inquiry.

Given the obvious importance of this matter‚ Mr Moyane wants nothing more than to appear before a judge who has no iota of bias against him. Regrettably‚ he does not believe that you can discharge such responsibility in the circumstances of this case. In fact‚ not only there is a strong perception of bias on your part but your association with Corruption Watch also places you in a conflict of interest situation. Cumulatively‚ this makes your appointment to preside over the inquiry wholly unwarranted and undesirable," Mabuza reportedly wrote.

This is the latest effort by Moyane to fight back against his suspension. This week, Moyane wrote to Ramaphosa, giving him until midday on Tuesday to either agree to be called as a witness at his disciplinary inquiry and ensure the state covers his legal bills, or face court action, according to Times Select.

Daily Maverick reported that Moyane stated in his letter:

"It is patently unfair that the President should use taxpayers' money to prosecute his case‚ but the Commissioner‚ who collected the said taxpayers' money‚ should be expected to fend for himself using his own thanklessly and hard-earned income and family resources."

But Ramaphosa refused this request, as well as an offer of a settlement agreement, according to Eyewitness News.