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....


This article first appeared on 702 : Tom Moyane's lawyers want Kate O'Regan to recuse herself from his inquiry


Recommended

by NEWSROOM AI
Read More
[LISTEN] What to expect from the upcoming Investment Conference

[LISTEN] What to expect from the upcoming Investment Conference

Economic Development Minister Ebrahim Patel sat down with Karima Brown to talk about the three-day event.

'The issue of KPMG is a reflection on our law enforcement agencies' - COSATU

'The issue of KPMG is a reflection on our law enforcement agencies' - COSATU

Cosatu spokesperson Sizwe Pamla says there may be no political will to prosecute the private sector.

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

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

EWN's Qaanitah Hunter reports on President Cyril Ramaphosa's refusal to submit Tom Moyane's legal demands.

Moyane lawyer doesn't rule out action against Ramaphosa

Moyane lawyer doesn't rule out action against Ramaphosa

Lawyer Eric Mabuza says the process used to investigate the former Sars commissioner is 'unfair' and needs to be fixed.

Political Desk: Summons of former Sars officials 'coincidental'

Political Desk: Summons of former Sars officials 'coincidental'

Political Editor at Business Day, Natasha Marrian looks at the top political stories of the day.

Has Tom Moyane surrendered over suspension row?

Has Tom Moyane surrendered over suspension row?

It seems Tom Moyane has changed his mind about challenging his suspension, says the Financial Mail's Sikonathi Mantshantsha.

Popular articles
How to pay up to 45% less tax (and save the SA economy while you’re at it)

How to pay up to 45% less tax (and save the SA economy while you’re at it)

The Money Show’s Bruce Whitfield interviews Darryn Faulds, a fund manager at Grovest Group.

Plans to end death penalty in Malaysia could see seven South African lives saved

Plans to end death penalty in Malaysia could see seven South African lives saved

The Department Of International Relations says it welcomes plans by the Malaysian government to abolish the death penalty.

[WATCH] Man exposes people selling stolen goods on Facebook

[WATCH] Man exposes people selling stolen goods on Facebook

Anton Fourie says he used his phone to record the interaction to create awareness of what is going on in the community.

[WATCH] Sars boss confusing, evasive testimony at Nugent Commission

[WATCH] Sars boss confusing, evasive testimony at Nugent Commission

Khabazela shares some of the most popular tweets, posts, and videos on 'What's gone viral'.

Pieter du Toit on VBS, Malema's EFF and contradicting ethics

Pieter du Toit on VBS, Malema's EFF and contradicting ethics

Malema has accused the rogue unit of still being operational and Pravin Gordhan of working in the background against the EFF.

Zondi tells court that she had to 'look happy' in church out of fear for Omotoso

Zondi tells court that she had to 'look happy' in church out of fear for Omotoso

Cheryl Zondi is testifying against Pastor Timothy Omotoso who is accused of rape and human trafficking in his Durban church.

Funny Cape fashionista Nadia Jaftha making waves with her mom

Funny Cape fashionista Nadia Jaftha making waves with her mom

Fashion blogger Nadia Jaftha takes fans through her serious love of style, as well as her silly moments with sidekick mom, Nawal.