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ConCourt dismisses Moyane application

Nov 26 2018 13:16
Fin24

The Constitutional Court has dismissed an application by axed SARS commissioner Tom Moyane to have the Nugent Commission of inquiry set aside, and his dismissal overturned.

President Cyril Ramaphosa fired Moyane in early November, after earlier suspending him in mid-March for causing a "deterioration in public confidence" in the tax agency. 

Presidency spokesperson Khusela Diko on Monday confirmed she had received the ConCourt's ruling.

The court order, dated November 21, states, "The Constitutional Court has considered this application, the answering affidavit, the replying affidavit of the applicants and the affidavits of Mr [Eric] Mabuza and the former president [Jacob] Zuma filed in support of this application and decided to dismiss the application because ground for the engagement of its exclusive jurisdiction have not been established.

"Nor has a basis been laid for direct access in view of the fact that the applicant has other avenues available. The court has decided not to award costs."

The Nugent Commission was established to look into the administration of the revenue service. Following damning testimony, it recommended to President Cyril Ramaphosa in its interim report that Moyane be sacked.

Ramaphosa acted on this recommendation by firing Moyane. 

Moyane earlier approached the ConCourt to have both the Nugent Commission and a separate disciplinary process set aside, arguing that the two processes could not run concurrently. The disciplinary process was earlier halted pending the ConCourt application.

In his answering affidavit to the ConCourt, Ramaphosa said that Moyane's argument was rendered "moot" when he was sacked. Moyane, however, continued to dispute this.

Moyane has also approached the North Gauteng High Court on an urgent basis for relief following his dismissal.

The former SARS head wants the court to temporarily set aside Ramaphosa's decision and interdict him from implementing any other recommendations from the Nugent Commission's interim report.

He also wants Ramaphosa to be barred from advertising or filling his former post. The matter is expected to be heard next week.

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