Moyane to Cyril: pay up‚ or prepare to fight

Tom Moyane
Tom Moyane
Image: Esa Alexander

Suspended SA Revenue Service commissioner Tom Moyane wants President Cyril Ramaphosa to reconsider paying him a multimillion-rand settlement to walk away from his position – including bonuses “due to him” for successfully collecting trillions of rands.

He said that should Ramaphosa insist that he be subjected to a disciplinary inquiry on charges of gross misconduct‚ his legal costs should be funded by the state.

“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‚” Moyane’s lawyer, Eric Mabuza, wrote in a letter to the Presidency on May 7.

“This is not an issue which ought to be properly unilaterally imposed by the president when he is an adversary in the said proceedings.

“We propose that the parties should seek to find a fair dispensation through engagement and negotiations.

“For example‚ it may be agreed that the state pays for the commissioner’s legal representation‚ subject to a refund if he is found guilty.”

Moyane’s lawyers have given Ramaphosa until noon Tuesday (15/05/18) to indicate whether his office will agree to discuss possible state funding of his legal fees.

They also want him to withdraw inquiry rules that could see the process against Moyane decided solely on documentary evidence – with no witnesses‚ including Ramaphosa‚ being called to testify.

If they do not get the response they want‚ they will try to go straight to the Constitutional Court.

According to Moyane’s lawyers‚ Ramaphosa initially offered the commissioner six months’ salary to resign‚ and later increased this to a year’s salary.

According to SARS’s annual report‚ his annual salary is R3.665-million.

Moyane’s latest counter offer in this letter to the Presidency entails him being paid out in full for the 18 months that remain of his contract‚ any bonuses due to him over the past three years and a “jointly agreed public statement of the parties”.

Ramaphosa indicated that he had lost confidence in Moyane following a meeting with the tax boss at his private residence in March.

Mabusa wants Ramaphosa called to testify about that meeting, or “Moyane must walk scot-free”.

The charges against Moyane concern his handling of serious criminal allegations against his former second-in-command‚ Jonas Makwakwa‚ the “irregular” and unlawful payment of bonuses and allegations that he misled parliament and told a SARS official not to cooperate with the so-called Rogue Unit investigation.

His lawyer said he would plead not guilty to all 12 charges.

- TimesLIVE