Tom Moyanes legal counsel Eric Mabuza said "nothing has changed" and the high court application will be heard next week. (Masi Losi/Sunday Times/Gallo)
Axed South African Revenue Service (Sars) commissioner Tom Moyane will press ahead with an urgent court application next week to be reinstated and interdict a successor from being appointed, despite the Constitutional Court dismissing his case.
The matter is set to be heard on December 4 and 5 in the North Gauteng High Court where Moyane will also ask that none of the remaining recommendations by the Sars commission of Inquiry be implemented.
Moyane was fired by President Cyril Ramaphosa on November 1 after Judge Robert Nugent’s interim report found his tenure at the tax agency had been a “calamity” and advised he be removed and a new revenue head be appointed to remove uncertainty.
The former Sars boss turned to the Constitutional Court and argued that the commission of inquiry was established to investigate tax administration as well as governance and did not have the powers to recommend his removal.
In a ruling dated November 21, the apex court dismissed his application stating that grounds for exclusive jurisdiction had not been established and a basis had not been laid for direct access, as the court believed Moyane had other avenues available.
‘Nothing has changed’
Speaking to Fin24 on Monday, Moyane’s legal counsel Eric Mabuza said “nothing has changed” and the high court application will be heard next week, as it is the main part of their argument. The Constitutional Court had dismissed the case on a technicality, he said.
Mabuza said all the eight respondents in the high court case, including Ramaphosa, former minister of finance Pravin Gordhan, Judge Nugent and Finance Minister Tito Mboweni have filed responding affidavits.
The case was previously set down for November 27 but due to the importance of the matter, Mabuza said they met Deputy Judge President Aubrey Ledwaba and agreed to have the application set down for two days instead of one. — Fin 24