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Court dismisses Moyane's bid to overturn his dismissal

Dec 11 2018 10:10
Sibongile Khumalo, Fin24

The North Gauteng High Court has dismissed axed SARS commissioner Tom Moyane's bid to have his dismissal overturned.

The application was dismissed with costs.

In handing down judgment, Judge Hans Fabricius said the matter was not urgent. He also dismissed Moyane's bid to block the Nugent Commission's final report.

"(Moyane) has no legal interest in the contents of the report," he said.

Moyane had mounted a legal battle challenging the powers of the commission of Inquiry which was tasked with investigating administrative governance at the SA Revenue Service (SARS).

The Commission's interim report recommended that President Cyril Ramaphosa sack Moyane. Ramaphosa later acted on this recommendation and fired Moyane in November.

The Commission's final report is expected on Friday.

Moyane had also approached the court to interdict Ramaphosa from advertising and filling his post, which has since been occupied by Mark Kingon in an acting capacity. 

Moyane had been on suspension since March after Ramaphosa said he had lost confidence in Moyane's ability to lead SARS.

Last week, Moyane argued 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.

Moyane also wanted the court to grant a personal cost order against Ramaphosa. 

The Nugent interim report stated that Moyane's replacement was not a panacea, but only the first necessary measure without which there was no possibility of rectifying the damage that had been done to SARS. 

Moyane has also faced a disciplinary hearing which was launched after his suspension. That process has also been challenged in court, as Moyane objected to being subjected to the parallel processes of the Nugent inquiry and the disciplinary hearing. In his answering papers to the Constitutional Court at the time, Ramaphosa said the process had been rendered moot by Moyane's sacking. 

Meanwhile Moyane's lawyer, Eric Mabuza said after the judgment, "We are going to study the judgment. However, if there is a need for us to come back, we will come back."


sars  |  tom moyane
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