'People's advocate' to represent Tom Moyane in SARS disciplinary hearing

'People's advocate' to represent Tom Moyane in SARS disciplinary hearing

- It has been confirmed that Adv Dali Mpofu will represent suspended SARS commisioner, Tom Moyane, in his disciplinary hearing

- The Presidency said in a statement on Friday that it had served Moyane with charges in terms of the South African Revenue Service Act and the Public Finance Management Act.

- Reaction to Mofu’s appearing for Moyane has been mixed

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Details of the action to be taken against Moyane, who was suspended after he refused to heed the president’s request to resign.

At the time of his suspension, Ramaphosa’s office said disciplinary charges would follow Moyane’s suspension.

Briefly.co.za gathers that Ramaphosa has expressed the view that following through on allegations against Moayne is a vital step needed to be taken to restore the credibility of the revenue service.

On Friday confirmation was made that Advocate Dali Mpofu, who is also National chairperson of opposition party, the EFF, will represent him in his disciplinary battle, which may well end up in court.

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Reactions on social media to the announcement of the representation of Moyane by Mpofu was characterised by many questioning how Mpofu, as an EFF member is outspoken against Moyane, corruption and 'state capture' could represent the former SARS boss.

However, as some claiming to be knowledgeable on legal matters pointed out, in terms of South African law, advocates are not able to pick and choose their cases.

Advocate Mpofu himself cited Adv Barry Roux’s representation of Oscar Pistorius and others as a prime example of this rule.

Moyane will face the charges of misconduct before a disciplinary hearing chaired by retired constitutional judge Kate O’Regan.

There is to be an inquiry conducted in writing which will them make findings which, subject to O’Regan's discretion, could lead to oral evidence being presented. The inquiry reportedly will relate to alleged leadership and organisational failures within the revenue service.

A commission of inquiry, yet to be established, will focus on tax administrative issues, like VAT refunds and shortfalls in revenue in the past two financial years.

The commission of enquiry was one of the promises made by President Cyril Ramaphosa in his state of the nation address (SONA) in February.

READ ALSO: Supra Mahumapelo unfazed by requests for him to stand down

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Source: Briefly.co.za

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