Moyane: Court must set aside axing
Former South African Revenue Service (Sars) commissioner Tom Moyane has filed papers at the Pretoria high court to have his sacking by President Cyril Ramaphosa set aside.
Moyane had threatened to take legal action when Ramaphosa fired him on November 1. He had given the president until November 9 to withdraw his decision.
In his court papers, Moyane has requested a halt to Ramaphosa’s implementation of further recommendations by retired judge Robert Nugent — who chaired the commission of inquiry into issues of tax administration and governance at Sars — and to prevent the president from advertising for the position of Sars commissioner.
The respondents in the case are Ramaphosa, Nugent, Finance minister Tito Mboweni, Public Enterprises Minister Pravin Gordhan, Advocate Azhar Bham, Professor Michael Katz, Advocate Mabongi Masilo and Vuyo Kahla, who was appointed as an assistant to the Sars commission.
Moyane has referred to the recommendations made by Nugent as “unlawful”, arguing that the president was precluded from firing Moyane without a hearing at a disciplinary inquiry.
Nugent had made the recommendations in an interim report in September.
Moyane’s court papers have also called for an interdict, which would, if ordered by the court, bar the Nugent commission from issuing further reports and recommendations.
Moyane had filed papers at the Constitutional Court in October to declare the Nugent commission “unlawful, conflicted and improperly constituted”.
Moyane wants his day in court on, or before, November 27..