Karyn Maughan Profile picture
Jun 29, 2018 27 tweets 12 min read Read on X
BREAKING: Judge Nugent says #JonasMakwakwa contacted him last night and asked to give "his side of the story" about the allegations against him. Makwakwa now wants to give evidence to the inquiry into tax administration and governance. Nugent has agreed.
.@AdvDali_Mpofu reading out #TomMoyane's list of objections to the Nugent Inquiry re "gross unfairness, inherent bias"
Mpofu now detailing how Moyane says President Ramaphosa suspended him after "shouting angrily at him" over VAT payments to Gupta linked company,#JonasMakwakwa
Mpofu making it clear that #TomMoyane antagonism with #PravinGordhan is going to be a major aspect of TM response to Nugent inquiry, misconduct case against him.
Mpofu says PG addressed TM in "degrading and condescending" manner, says PG showed "hatred" to TM.
Mpofu says #TomMoyane wasn't invited to appear at the Nugent Inquiry - which he says has been described as an inquiry into Moyane's leadership - and wasn't contacted by the evidence leaders "unlike other witnesses".
Mpofu hands over memory stick - containing recording linked to alleged "Rogue Unit" - which he says puts Rogue Unit matter "beyond any doubt". It's up to the Commission to decide whether to release this.
Mpofu arguing that Nugent Inquiry is, inherently, an inquiry into #TomMoyane - conducting its work while Moyane is facing another inquiry into the misconduct charges against him. Mpofu says this violates the principle of double jeopardy, and is absurd and unfair.
Mpofu claims that President Ramaphosa is being sued by the "Marikana victims, in his personal capacity".
Professor Michael Katz, who is a commissioner in the Nugent Inquiry, is acting for Ramaphosa in this case.
This creates an impression of conflict, bias. #TomMoyane
BREAKING: Moyane has asked for the Nugent Inquiry to be discontinued or stayed "pending the outcome of the Disciplinary Inquiry" into him.
He wants "all the evidence of the past three days be expunged from the record, as it was obtained under a huge cloud of unlawfulness". #SARS
Mpofu says #SARSInquiry should not be treating #TomMoyane differently because he has been suspended. He says there's a likelihood that, given the "shambles" of the misconduct case against Moyane, he will return to his position.
Audible gasps from audience.
Judge Nugent is clearly annoyed. He says he wants to raise is "problems with the facts" that @AdvDali_Mpofu has put forward.
He says: "I have never been called a kangaroo court".
He denies that Katz is a commissioner, "I am the Commission".
Nugent denies any suggestion that he took time to grant Moyane the right to be heard. He refers to correspondence where he offered Moyane the chance to raise his objections at the start of the Inquiry. This was declined by Moyane because of "short notice". #TomMoyane
Nugent to @AdvDali_Mpofu: you may wish to consider amending what you said (with regard to stating judge "eventually confirmed that Commissioner Moyane would be given audience at 09h30 on 29 June 2018, as per his request dated 22 June 2018".)
Judge Nugent confirms that #TomMoyane was not invited to give evidence, and not contacted by evidence leaders. But he stresses that #SARSInquiry has complex and "huge" terms of reference and was only instituted very recently. Moyane no more important than other witnesses.
Nugent says obvious starting point for #SARSInquiry was addressing terms of reference question over the employees who had left SARS - to establish why they had done so, whether there was coercion.
These were the witnesses that were called.
Nugent suggests that @AdvDali_Mpofu may have built "conspiracy theories" based on "few facts" with regard to his evaluation of the #SARSInquiry witnesses.
Mpofu has described the witnesses led so far as "curious". #TomMoyane
Judge Nugent: "I did not invite anyone (to the #SARSInquiry)".
He says he will give #TomMoyane a chance to respond to the evidence against him, but he will not compel him to do so.
Nugent gives @AdvDali_Mpofu his memory stick back of a recording related to the alleged #SARS "Rogue Unit".
"You can give it to the press". #SARSInquiry
Judge Nugent on the two inquiries concerning #TomMoyane:
"I don't know why there are two separate tribunals, and I'm not interested.
"I have accepted the proclamation that I must do this work (#SARSInquiry) and do it by November".
Nugent stresses that #SARSInquiry "is not a trial". He's not making findings against any individual, but rather establishing the facts involved. One of the key issues he needs to address are allegations that VAT refunds not being paid by SARS.
Nugent: I did not appoint Professor Katz as an assistant to the #SARSInquiry. The President did.
I do not have the power to remove him. #TomMoyane
Judge Nugent has formally invited #TomMoyane to meet with him, the evidence leaders in the #SARSInquiry, to give oral evidence.
He says @AdvDali_Mpofu has raised a "fair" concern about Prof Katz being part of the Commission, given his relationship with the President.
Judge Nugent says @AdvDali_Mpofu point about #TomMoyane facing two inquiries does "concern me a bit".
Mpofu thanks him for this acknowledgement.
Mpofu to Nugent: on your vegetable growing....some of us would like to grow vegetables...
But we don't have the land.

#TomMoyane
Mpofu repeatedly tells Nugent that #TomMoyane complaints "are not about you".
"This is not about conspiracies, this is about facts.
"Mr Moyane wasn't invited here. It's a fact.
"It's a fact that Prof Katz is President Ramaphosa's personal lawyer".
Mpofu stresses that there is no doubt that Prof Katz is hugely competent in terms of tax law.
But that's not the issue: the appearance that he is conflicted, given his connection to the President, is the issue.
Nugent says he accepts this. #SARSInquiry
Judge Nugent addresses @AdvDali_Mpofu questions about why Pravin Gordhan was called as a witness.
He says it was to establish the system that was in place prior to #TomMoyane arriving at SARS.
Mpofu: but this commission is about the present: 2014-2018.
Judge Nugent will rule on #TomMoyane objections on Monday at 2pm.

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More from @karynmaughan

Oct 3, 2018
Important. Nene now addressing his engagements with the Gupta family, who he met for the first time at a function in 2009. He was later invited to Sahara Computers, where he says Ajay Gupta told him that the family were “good corporate citizens” who “didn’t do business with govt”
Nene says he saw nothing wrong in meeting with Guptas at Sahara Computers in 2010. He testifies this wasn’t unusual
He got suspicious 2013 when Treasury started investigating Estina Dairy Farm. That made him question Gupta claims they didn’t do business with the state
Nene says he visited Saxonwold 4 times in 2010,2013. He can’t remember specific dates.
At the time, he says he was - by virtue of being Deputy Finance Minister - also a non executive chair of the Public Investment Corporation.
He is “not aware” of PIC giving loans to Guptas
Read 26 tweets
Apr 5, 2018
#WinnieMandela was tried for her involvement in kidnapping of 4 boys, who (Appeal Court accepted) she believed were being abused
But - while she continues to be attacked (even in death) with unproven claims over that case - there is no condemnation for far more horrific crimes
Phila Ndwandwe was 24 and breastfeeding her two month old baby. She was abducted by Durban Security Branch members and refused to cooperate. Her killers stated that they did not have evidence to prosecute her and that they could not release her, and so decided to kill her.
The police had tortured Phila - who they kept naked - for days and days. She refused to turn against her comrades, and made herself a pair of panties with a plastic bag. When her bones where found in the field where she'd been killed, the plastic still remained.
Read 13 tweets
Feb 28, 2018
Former NDPP #MxolisiNxasana in the Concourt for the #ShaunAbrahams hearing. He says he’s willing to return to his post - and believes he was forced out because then President Zuma believed he would prosecute him for corruption.
Former AFU Head Willie Hofmeyr - slammed by SCA over his involvement in decision to drop Zuma prosecution - is in Concourt for #ShaunAbrahams hearing. He’s sitting next to #MxolisiNxasana.
CJ Mogoeng not in court today for #ShaunAbrahams hearing. Justice Khampepe leading the justices.
Read 45 tweets
Feb 6, 2018
BREAKING: #Eskom's new charges against #MatshelaKoko include accusations that he deliberately lied to Parliament's #EskomInquiry - and tried to falsely distance himself from the payments to Gupta-linked Trillian
BREAKING: #Eskom laying the blame for the McKinsey/Trillian scandal firmly at the door of #MatshelaKoko and #AnojSingh - and says they drove the deal.
#MatshelaKoko told Parliament he was not involved in the Eskom, McKinsey, Trillian deal.
Eskom says he's lying --->
Read 4 tweets

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