UPDATE: Moyane fails in attempts to have Adv Trengove recused

Former Sars commissioner Tom Moyane is certainly not someone who gives up easily. Despite the putting aside of a Constitutional Court application to have his dismissal from the revenue service overturned, the tenacious, if embattled, former Sars head will be fighting for his job yet again at the High Court in Pretoria on Tuesday.

His lawyers say Moyane is not asking court to reinstate him, only to let him go back to being suspended pending a disciplinary hearing.

They also want to interdict president Cyril Ramaphosa to prevent him appointing a successor.

Moyane is being represented by advocate Dali Mpofu, who is also chairperson of the EFF.

READ MORE: Moyane suffers another blow at Concourt

Mpofu argued that Moyane is not trying to evade discipline and that he has a right to a hearing, which he argued would be in the public’s interest.

Judge Hans Fabricius pointed out that Moyane’s contract will end in September 2019, meaning his best hope is for a financial reward for lost salary rather than a physical reinstatement.

Judge Fabricius ruled against the arguments of Moyane’s lawyers that advocate Wim Trengove should be recused.

Advocate Mpofu argued that the inclusion of Trengove, who has defended Ramaphosa, as one of the lawyer’s acting for Judge Robert Nugent, is a conflict of interest.

Sacked #SARS boss #TomMoyane in high court for his application to stop #PresCyrilRamaphosa from appointing his successor. ⁦@TheCitizen_News⁩ pic.twitter.com/3Nsm7g8F13

— Ilse De Lange (@dLangeIlse) December 4, 2018

Sacked #SARS boss #TomMoyane has asked court to force Judge Nugent’s Sr advocate Wim Trengove, who represents Judge Nugent, to withdraw because of conflict of interest. @dLangeIlse

— Ilse De Lange (@dLangeIlse) December 4, 2018

Judge Hans Fabricius refuses axes #SARS boss #TomMoyane’s bid to stop adv Wim Trengove from representing retired judge Robert Nugent in his bid to get his job back. @TheCitizen_News

— Ilse De Lange (@dLangeIlse) December 4, 2018

Main argument in axed #SARS boss #TomMoyane’s bid to get his job back now finally proceeding. Dali Mpofu SC is representing Moyane. Const Court last month refused Moyane direct access. @TheCitizen_News

— Ilse De Lange (@dLangeIlse) December 4, 2018

Counsel for axed #SARS boss #TomMoyane says he’s not asking court to reinstate him, only to let him go back to being suspended pending a disciplinary hearing. @TheCitizen_News

Read more

WATCH: Magistrate in Liebenberg case steps down, Louis disrupts court proceedings

— Ilse De Lange (@dLangeIlse) December 4, 2018

Dali Mpofu, for axed #SARS boss #TomMoyane says Moyane not trying to escape consequences of his actions. He wants to face the music. @TheCitizen_News

— Ilse De Lange (@dLangeIlse) December 4, 2018

Judge Hans Fabricius points out that axed #SARS boss #TomMoyane’s contract will end in Sept 2019, says he can at best hope for a financial reward for lost salary, not a physical reinstatement. @TheCitizen_News

— Ilse De Lange (@dLangeIlse) December 4, 2018

Dali Mpofu, for axed #SARS boss #TomMoyane, suggests Moyane was “ambushed without a hearing”. Says his right to a hearing is guaranteed, public interest would be harmed if he’s denied a hearing. @TheCitizen_News

— Ilse De Lange (@dLangeIlse) December 4, 2018

Moyane filed an affidavit early in November which sought to have both his disciplinary hearing and the decision by President Cyril Ramaphosa to set up the Nugent commission of inquiry into Sars declared unlawful, EWN reported.

Ramaphosa is currently expected to soon appoint a new Sars commissioner.

Parliament’s standing committee on finance found that Ramaphosa had no choice but to fire Moyane.

READ MORE: Ramaphosa replaces ‘biased’ Moyane judge

In a statement, the multi-party committee welcomed Moyane’s sacking.

Committee chairman Yunus Carrim said: “We feel that the president had no choice but to dismiss Mr Moyane given the almost unanimous views expressed at the Nugent commission that he had mismanaged Sars, the amount of revenue shortfall now emerging, and the decisive and final proposal from the commission that he be dismissed.

“We found in our own experience of Mr Moyane’s management of the allegations against his colleagues, Mr Jonas Makwakwa and Ms Kerry-Ann Elskie, many inconsistencies and much evasion that reflected very badly on Sars. Sars’ failure to respond accurately to our concerns on this matter consumed a considerable amount of our time.”

(Compiled by Daniel Friedman)