Moyane’s firing has merit

SA has advanced labour legislation and very intricate systems in place before an employee can either be suspended or dismissed. The legislation flows from the Constitution, which instructs legislators to ensure that there is a right to employment and a right to fair labour practice.

Employers know that a process of discussion and investigation has to be held prior to an employee being suspended. The suspension should only take place if there is a belief that the employee would interfere with witnesses or evidence. The suspension must be on full pay and would have certain conditions attached to it.

However, in certain circumstances some employees do not have the benefit of these intricate protections. Tom Moyane was appointed as the SARS commissioner by the president of SA.

It is only the president who can appoint the SARS commissioner, and it is also only the president who can dismiss him. It is expected that the president would issue a letter of appointment outlining these terms and conditions.

If the president chooses to suspend or even dismiss the SARS commissioner, that is his prerogative. Obviously, this prerogative would have to be exercised for good reason, and the president would have to at least explain that there is merit in the decision-making.

In the case of Moyane, the president does have merit, and certainly can show good reason for the suspension and the eventual dismissal.

It is pure folly to try and challenge the president’s decision in this instance, and if there is a challenge by Moyane, his attorneys should know the risk of them having to personally pay for all the legal costs.

Michael Bagraim DA labour spokesman