Natasha Marrian Political editor: Business Day
Tom Moyane. Picture: TREVOR SAMSON
Tom Moyane. Picture: TREVOR SAMSON

Suspended SA Revenue Services (SARS) boss, Tom Moyane, has written to President Cyril Ramaphosa challenging rules that could see his disciplinary inquiry conducted in writing.

Moyane wants to negotiate with a view to the state paying his legal costs.

Business Day understands that in the letter Moyane, through his attorney Eric Mabuza, has given Ramaphosa until Tuesday afternoon to respond favourably to his demands, failing which, he would approach the courts.

Moyane wants to negotiate with Ramaphosa over his legal costs, suggesting that an agreement may be reached in which taxpayers foot his legal costs, subject to a refund should he be found guilty.

Moyane was suspended in March over his handling of the controversy around his second in charge, Jonas Makwakwa, and also over his handling of value added tax refunds, on the back of a finding by the tax ombudsman that SARS had "unduly delayed" these refunds.

Business Day understands that in the letter to Ramaphosa, Moyane’s attorneys raise concern over a "trial by media" against Moyane.

They also take issue with the disciplinary inquiry being held in writing, with oral evidence being provided only if the chairperson of the inquiry deems it necessary, as highlighted in the notice of the inquiry handed to Moyane by the Presidency two weeks ago.

Another charge faced by Moyane is that he instructed a SARS official not to co-operate with an inquiry by audit firm KPMG.

Moyane wants Ramaphosa to undertake to refrain from any further “unsolicited communication” on the disciplinary hearing.