There's no way Moyane will have inquiries halted by courts, says law expert

President Cyril Ramaphosa has been given an ultimatum by Tom Moyane to stop the two inquiries he faces by no later than 4 pm on Friday or face legal action.

Read: Moyane gives Ramaphosa an ultimatum to halt inquiry or face legal action

The suspended South African Revenue Services (Sars) boss faced a blow on Monday when retired Judge Robert Nugent rejected his demands.

He also made the same demand for his disciplinary inquiry headed by Advocate Azhar Bham.

Moyane claims both inquiries are unfair, irrational and a waste of taxpayers’ money.

Also read: Judge Nugent refuses each and every demand Tom Moyane makes in crushing ruling

Legal expert Phephelapi Dube says Moyane has misunderstood the law and doesn't stand a chance in court.

She has also questioned the ethical decisions taken by his lawyer, Advocate Dali Mpofu.

Tom Moyane's argument seems to be comparing apples with oranges.

Phephelapi Dube, Constitutional Law expert & Director of the Centre for Constitutional Rights

It would appear as if Tom Moyane has misunderstood the notion of double jeopardy.

Phephelapi Dube, Constitutional Law expert & Director of the Centre for Constitutional Rights

The notion of double jeopardy is to protect an individual who has already been convicted of a particular crime from having to face that same crime again.

Phephelapi Dube, Constitutional Law expert & Director of the Centre for Constitutional Rights

There's a Sars commission of inquiry and disciplinary hearing. Both these processes are completely different from each other.

Phephelapi Dube, Constitutional Law expert & Director of the Centre for Constitutional Rights

Take a listen to her perspective:


This article first appeared on CapeTalk : There's no way Moyane will have inquiries halted by courts, says law expert


Recommended

by NEWSROOM AI
Read More
[LISTEN] What must be done to reverse SA's culture of 'nonpayment'?

[LISTEN] What must be done to reverse SA's culture of 'nonpayment'?

Eskom is owed huge amounts of money by individual users, with those in Soweto owing R18-million.

Does the answer to SA's job crisis lie in the country's call centre industry?

Does the answer to SA's job crisis lie in the country's call centre industry?

Ian Ohlson says the call center industry in South Africa is flourishing and has become an engine for job growth and opportunity.

'Some people go back every week to look at their homes' - CPT's forced removals

'Some people go back every week to look at their homes' - CPT's forced removals

A new book explores the horrors of forced removals in Cape Town's Harfield Village through pictures and resident's memories.

Why more than 40 community radio stations in SA may get shut down

Why more than 40 community radio stations in SA may get shut down

The forum for community radio stations in South Africa explains why 43 community radio stations across South Africa face closure.

Mashaba's exit shows serious racial divide within the DA - Prof Steven Friedman

Mashaba's exit shows serious racial divide within the DA - Prof Steven Friedman

Political studies expert Professor Steven Friedman gives his analysis of the recent developments within the Democratic Alliance

Analyst Chris Yelland gives Mantashe's energy plan a thumbs up

Analyst Chris Yelland gives Mantashe's energy plan a thumbs up

Government's new energy plan has been announced as the country deals with load shedding caused by Eskom's low generating capacity.

Popular articles
Why Vestact is buying Discovery (JSE), Long4Life (JSE) and Booking.com

Why Vestact is buying Discovery (JSE), Long4Life (JSE) and Booking.com

Portfolio Manager Byron Lotter shares his stock picks of the week with Bruce Whitfield on The Money Show.

Former Lions rugby player describes surviving a stroke and some of the signs

Former Lions rugby player describes surviving a stroke and some of the signs

Ethienne Reynecke had a strong over a year ago, and he describes the signs and symptoms he experienced and his road to recovery.

Mashaba's exit shows serious racial divide within the DA - Prof Steven Friedman

Mashaba's exit shows serious racial divide within the DA - Prof Steven Friedman

Political studies expert Professor Steven Friedman gives his analysis of the recent developments within the Democratic Alliance

[WATCH] Oregon coach hugging student after disarming him of shotgun, goes viral

[WATCH] Oregon coach hugging student after disarming him of shotgun, goes viral

Khabazela shares tweets and Facebook posts that have gone viral.

[WATCH] Toddler upset that mom didn't give him a goodbye kiss, is so adorable

[WATCH] Toddler upset that mom didn't give him a goodbye kiss, is so adorable

Khabazela shares tweets and Facebook posts that have gone viral.

'Today I say to Mmusi Maimane, you are the leader and I am the toilet cleaner'

'Today I say to Mmusi Maimane, you are the leader and I am the toilet cleaner'

New Democratic Alliance Federal Council chair Helen Zille outlines her plans for her new role.

[WATCH] Boy explaining what he heard when parents had sex goes viral

[WATCH] Boy explaining what he heard when parents had sex goes viral

Khabazela shares tweets and Facebook posts that have gone viral.