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Upbeat Moyane seeks 'fairness' after latest application dismissal

Dec 04 2018 18:39
Sibongile Khumalo

Former SARS boss Tom Moyane's move to seek a personal cost order against President Cyril Ramaphosa is "unusual", said Judge Hans Fabricius, as he heard submissions from Moyane's attorney in a case where the former SARS Commissioner is challenging the mandate of the commission that recommended his dismissal.

Advocate Dali Mpofu had urged the court to grant a personal cost order against Ramaphosa, stating that Moyane was now without a salary.

"That move is unusual, to put it mildly," said Fabricius, referring to the personal cost submission.

Personal injuries

Moyane submitted that if Ramphosa's conduct in dismissing him went unchallenged, it would cause harm to his livelihood, dignity and reputation; including his prospects of future employment, among other personal injuries.

Mpofu further argued that the state would not be inconvenienced by restoring the previous status quo, namely a return to suspension pending the outcome of Moyane's disciplinary hearing.

The Constitutional Court last month dismissed Moyane's case on the grounds that exclusive jurisdiction had not been established.

The case, which is being heard in the North Gauteng High Court, was preceded by the hearing of an application brought by Moyane to have Advocate Wim Trengove SC recuse himself from the case due to a conflict of interest.

Trengove is representing Judge Robert Nugent, one of the eight respondents in the case and the head of an inquiry probing probing tax administration and governance issues at SARS. He once provided legal advice for SARS during Moyane's term and also advised Ramaphosa in the process of the drafting disciplinary charges against Moyane.

The court dismissed Moyane's application for Trengove's recusal.

In his submission, Trengove stated that there was no justification to any of the relief sought by Moyane, adding that his time at SARS caused extensive damage to the country and the economy.

He said repair of the damage caused by Moyane at the revenue collection service could only happen once a permanent Commissioner was appointed. 

Speaking to journalists after the court proceedings, Moyane said he was pleased with how the case had progressed, despite losing his bid for Trengove's recusal.

"At the core of everything is fairness...my legal team has been able to drive that point. Everybody deserves fairness, whether you are rich or poor."

He said his wish was access to a "fair and level playing field".

Judge Fabricius said he would make a ruling on the matter by December 14.

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