This means that the disciplinary can go ahead unless Moyane takes his objections to court‚ which he has threatened to do. Bham has also asked parties to be available between 17 and 28 September for the hearing.
Moyane had asked for the disciplinary process to include oral evidence and the rights to cross examine. He also wants his disciplinary hearing to be treated separately from the SARS inquiry.
A corporate law expert at Monash, Tshepo Mongalo says Moyane’s rights to have a fair hearing could have been violated.
“There’s a point that Moyane makes that this process if is only done exclusively through written evidence is going to prejudice his chances of fair hearing because, according to the rule of natural justice, everyone has got the right to be presented to a fair hearing in which they are able to cross-examine and question the evidence led against them. The last one with regard to parallel inquiry, I think it should be very clear as to terms of reference of the disciplinary hearing and they should be different from the terms of reference relating to the inquiry into the governance of SARS.”
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