Tom Moyane's lawyers want Kate O'Regan to recuse herself from his inquiry

The lawyers of suspended SARS Commissioner Tom Moyane want former Constitutional Court justice Kate O’Regan to recuse herself from deciding whether he should be dismissed saying the retired judge may fail to be impartial because of her links to Corruption Watch.

O'Regan serves as a board member of the organisation which has lambasted Moyane, accusing him of damaging the integrity and credibility of the revenue service.

The suspended revenue service head faces 12 charges of alleged misconduct.

READ: 'The president won't buckle to any demands by Tom Moyane's legal team'

Eric Mabuza, the lawyer representing Moyane, explains why the judge should not be tasked with presiding over the inquiry.

Corruption Watch has issued statements that Mr Moyane must be arrested and in issuing those statements there is no doubt that the judge herself identifies with those statements.

Eric Mabuza, lawyer representing Tom Moyane

You must remember that the test to check whether someone is going to be fair is not whether they are going to be biased, it is whether in the mind of a reasonable person there s a perception of bias.

Eric Mabuza, lawyer representing Tom Moyane

Meanwhile Executive Secretary of the Council for the Advancement of the South African Constitution (CASAC), Lawson Naidoo believes O'Regan is capable of approaching the matter with an open mind.

The fact that someone is anti-corruption should not automatically preclude them from presiding over matters such as this because that is something you would expect from most members of society and certainly from judges that have served in the highest courts of our country.

Lawson Naidoo, Executive Director, Council for the advancement of the constitution

Click on the link below to listen to the full conversation....


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