Give me back my job: Moyane
AXED SA Revenue Service boss Tom Moyane has vowed to block President Cyril Ramaphosa from appointing his successor, saying his removal was illegal. Moyane was fired from his job on Thursday by Ramaphosa after he suspended him in March, saying he had lost confidence in him.
Ramaphosa has since set up a commission of inquiry into the governance affairs at Sars, headed by retired Judge Robert Nugent, whose preliminary report recommended that Moyane be fired without delay from his post.
In his letter of termination, Ramaphosa cited a “concerning picture” of reckless mismanagement under his tenure at Sars identified by the interim report, including Moyane’s refusal to meaningfully participate in the commission.
Through a letter from his lawyers, Moyane disputed this and has now given Ramaphosa until Friday to give him his job back or face court action.
“Our client has repeatedly stated his willingness to participate in the Sars commission and any other lawful process once his objections have been adjudicated upon by a court of law, as enshrined in section 34 of the Constitution. That will only happen once the Constitutional Court has pronounced thereon, hence his direct and urgent approach to the court,” his letter read.
Moyane’s lawyers argued that his preliminary objections could not be equated to a punishable refusal to participate in the commission.
They indicated that Ramaphosa had also raised preliminary legal issues in the civil claim by the victims of the Marikana Massacre against him and that he could also not be removed from office for refusing to deal with the issues raised by the aid victims.
“To argue otherwise in the case of our client… is not only inconsistent or self-contradictory, but lacks any rational basis in logic and in law and smacks of double standards. All are equal before the law,” the letter read.
Moyane’s legal team has called on Ramaphosa to withdraw his termination letter until Moyane’s matter is finalised or face an interdict:
“Upon your failure to do so on or before 12:00 on Friday, November 9, we hold firm instructions to institute urgent court proceedings without any further notice to you, to seek orders declaring your aforementioned conduct to be irrational, unlawful and invalid and also interdicting you, pending the outcome of the Constitutional Court application, from purporting to receive, accept and/or implement any recommendations of the Sars commission, including but not limited to taking any steps towards advertising for and/or appointing any person in the position of Sars commission from which our client has been unlawfully and irrationally removed,” the letter said.
Presidency spokesperson Khusela Diko could not be reached for comment.