Moyane’s axing ‘was justified’
FORMER SARS BOSS TRIES TO GET JOB BACK President and Judge Nugent oppose the application with vehemence.
The entire country suffered because of former Sars commissioner Tom Moyane’s conduct and it would have been irrational for President Cyril Ramaphosa not to fire him, the High Court in Pretoria heard yesterday.
Moyane is applying for an urgent interim interdict setting aside his axing and allowing him to remain suspended and keep his salary pending the outcome of a disciplinary hearing and further litigation aimed at his reinstatement.
He also wants the court to stop retired Judge Robert Nugent, chairperson of the Commission of Inquiry into Tax Administration and Governance at Sars, from delivering his final report to the president and to block the appointment of a permanent new commissioner.
The commission’s provisional report found Moyane had damaged Sars, the country and its citizens and should be removed as soon as possible, and led to his axing on November 1.
Ramaphosa and Nugent are vehemently opposing the application, accusing Moyane of having only his own financial interests at heart.
Moyane maintained the commission’s findings were the product of a “flawed process”, which he called an “[unmitigated] scam and farce”.
He alleged the judge was biased against him, had prejudged the issue and violated his right to a fair hearing.
Dali Mpofu, for Moyane, submitted that it would not be in the public interest if the president appointed a new commissioner next week and Moyane won his case.
Kameshni Pillay, for the president, argued it would have been irrational for the president not to fire Moyane in light of his loss of confidence in him. Wim Trengove, for Nugent, said the whole country had suffered because of Moyane, which justified his firing. –