Today's Labour News

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SARSBusinessLive reports that Tom Moyane has delivered the first blow to the presidency in his disciplinary inquiry‚ forcing proceedings to be postponed pending the outcome of a Constitutional Court (ConCourt) application on the legality of the hearing.  

The suspended SA Revenue Services (Sars) commissioner came out triumphant on Thursday when advocate Azhar Bham — who chairs the inquiry — found in favour of arguments to postpone or permanently stay the disciplinary proceedings pending the outcome of the ConCourt matter.  In September‚ Moyane’s lawyer‚ Eric Mabuza‚ filed an application to the court objecting to the disciplinary hearing and retired judge Robert Nugent's commission of inquiry into Sars being conducted at the same time.  It is unclear when the ConCourt matter will be heard.  Delivering the judgment‚ Bham said he needed to weigh up the urgency of finalising disciplinary processes against Moyane with Moyane's right to a fair and equal process.  The presidency unsuccessfully argued that granting a stay of the disciplinary inquiry “would amount to barring the employer for an indeterminate but considerable period of time from exercising its right and prerogative to discipline Moyane on charges of extremely serious misconduct.”  Nugent’s commission of inquiry is expected to continue on 15 October.

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