Johannesburg - EFF national chairperson Advocate Dali Mpofu has threatened legal action against columnist and law lecturer Pierre de Vos over an opinion piece involving the SARS inquiry. 

De Vos penned an article criticising the arguments made by Mpofu in his representation of his client, suspended SARS commissioner Tom Moyane, at the SARS Inquiry. 

Mpofu labelled the article "defamatory, insulting and possibly racist" and threatened de Vos with legal action if the article was not removed by 12pm on Wednesday. 

Mpofu argued at the inquiry last week that it was legally unfair to subject Moyane to two trials, the one being conducted by the SARS commission and chaired by Judge Robert Nugent, and a separate disciplinary hearing. 

It was also argued that it was unfair that Moyane was not invited to give his side of the story. 

He also called for the commission to be halted and asked that one of the advisors, Prof Michael Katz, be recused from the commission as he was conflicted. 

All these demands were rejected by Judge Nugent on Monday. 

De Vos argued that it was wrong of Mpofu and Moyane to argue that he was not given an opportunity to give his side of events, as a commission of inquiry was designed to be open to anyone to make submissions. 

He also tore into their argument that Moyane would be facing " double jeopardy" if the SARS inquiry was allowed to go ahead while he faces a separate disciplinary inquiry. 

"A Commission of Inquiry can never subject any person to “double jeopardy” as it is a policy enhancing inquisitorial process and not an accusatorial “trial” that can make binding findings on the guilt or innocence of any individual," wrote de Vos. 

De Vos also questioned why Mpofu would knowingly make assertions about the commission that were not legally sound.

"From the above it must be clear that from a legal and factual perspective the claims advanced on behalf of Moyane by advocate Mpofu regarding the commission makes little sense. (It is also unethical for an advocate knowingly to make false submissions on behalf of his or her client)," he said. 

Mpofu replied to the post and threatened legal action.   

If you do not remove this article which I find defamatory, insulting & possibly racist from any public space in which you have published it plus any references to it on your timeline & any other platform by 12h00 expect legal action," wrote Mpofu on twitter.

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