Moyane approaches court to set aside his firing by Ramaphosa

Axed South African Revenue Services (Sars) commissioner Tom Moyane has filed an application with the High Court in Pretoria to review and set aside President Cyril Ramaphosa’s decision to fire him.

Moyane was served with a termination of service letter on November 1.

Ramaphosa last month was “applying his mind” to Judge Robert Nugent’s recommendation he should immediately sack Moyane.

This was contained in Nugent’s interim report on September 30 as required by the terms of reference set by Ramaphosa in May, when he set the wheels in motion for the Commission of Inquiry into Tax Administration and Governance at Sars.

Moyane was given an opportunity to provide reasons why the recommendations should not be implemented – reasons which Ramaphosa has now rejected.

The sacked Sars commissioner intends to bring the application in the court on November 27 “or soon thereafter as the matter may be heard”.

Moyane wants to bar or interdict Ramaphosa from implementing the remaining recommendations of the Nugent commission and from appointing his replacement.

Furthermore, Moyane wants to interdict the president from advertising the position of Sars Commissioner “and/or taking any steps directed towards filling the position with any person other than the applicant”.

Moyane wants to be reinstated as the commissioner and for him to remain on paid suspension.

He wants the commission to be prohibited from issuing any further reports and recommendations and “directing that the disciplinary inquiry instituted by [Ramaphosa] and chaired by [Advocate Azhar] Bham SC (the fourth respondent) remains in place”.

Moyane wants costs, “including punitive and or personal costs”, against any opposing respondents.

Moyane has given the respondents to his court application until Friday, November 16, 10 am to file with his attorneys a notice of intention to oppose his application and Monday, November 19, 12pm for the respondents to file their answering affidavits.

Ramaphosa is listed as the first respondent in Moyane’s application followed by Public Enterprises Minister Pravin Gordhan, Judge Nugent, advocate Bham, Professor Michael Katz, advocate Mabongi Masilo, Vuyo Kahla, and Finance Minister Tito Mboweni.

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