Ruling ends Moyane’s bid to get back his Sars job
Suspended commissioner accepts dismissal, sets sights on cross-examining Pravin Gordhan
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.”