Cape Argus

Ruling ends Moyane’s bid to get back his Sars job

Suspended commission­er accepts dismissal, sets sights on cross-examining Pravin Gordhan

- KUBEN CHETTY Regional Political Editor kuben.chetty@inl.co.za

IT IS THE end of the road for former SA Revenue Service (Sars) boss Tom Moyane’s bid to be reinstated as the tax collector’s commission­er.

Yesterday, Moyane’s lawyer Eric Mabuza said his client had accepted the Constituti­onal Court ruling that confirmed his dismissal and would now focus on cross-examining Public Enterprise­s Minister Pravin Gordhan at the Zondo Commission.

The court order, dated February 4, stated that the court had considered the applicatio­n for leave to appeal but had concluded that “the applicatio­n should be dismissed as it bears no reasonable prospects of success”.

President Cyril Ramaphosa late last year accepted the recommenda­tion of retired Judge Robert Nugent, who heads the commission of inquiry into tax administra­tion and governance at Sars, in his interim report that he fire Moyane.

In the interim report, Nugent said it was clear that Moyane had no intention of engaging the commission, confrontin­g the evidence mounting against him or accounting for his conduct during his tenure.

Moyane’s legal team filed the court papers for leave to appeal after the North Gauteng High court on December 11 upheld his dismissal and ruled that a permanent Sars commission­er could be appointed.

In his appeal, Moyane was supported by former president Jacob Zuma, who in an affidavit said that he never intended that the Sars commission of inquiry deal with employment issues or with employment contracts of individual employees.

The former Sars commission­er has denied any wrongdoing.

Mabuza said the Concourt ruling did not come as a “complete surprise since it typically only grants leave to appeal against interim orders in exceptiona­l circumstan­ces”.

“Mr Moyane genuinely believed the circumstan­ces of this particular case were sufficient­ly exceptiona­l. The court has respectful­ly held otherwise.”

Mabuza said Moyane accepted that this marked the end of the road as far as the first of his applicatio­ns for interim relief, pending the hearing of the main second part of the high court applicatio­n, is concerned.

“It is important to keep in mind that the high court judgment which he sought to appeal against dealt specifical­ly with the Part A applicatio­n.

“The legal team will be meeting with Mr Moyane before the end of the week to take instructio­ns as to hopefully securing an expedited date in respect of the merits of the applicatio­n for final relief.”

Mabuza said Moyane would also be concentrat­ing on his applicatio­n to cross-examine Gordhan at the Zondo Commission, which has been set down for hearing on March 13. Among Gordhan’s claims made at the commission were that Moyane refused to account to him over dodgy activities while enjoying the protection of Zuma.

Gordhan also accused Moyane of defiance and of being part of co-ordinated attacks against him, which led to the deteriorat­ion of their relationsh­ip while he was finance minister.

Mabuza said Moyane would now “be seized with preparatio­ns for both applicatio­ns”.

Presidency spokespers­on Khusela Diko yesterday said it welcomed the Concourt decision.

“It brings to finality a matter that has been long and drawn out. Now there is an opportunit­y to rebuild Sars and to restore public confidence.”

 ??  ?? Tom Moyane
Tom Moyane
 ??  ?? Pravin Gordhan
Pravin Gordhan

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