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


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