The Mercury

‘Cyril must not rush decision on Moyane’

- BONGANI HANS | bongani.hans@inl.co.za

PRESIDENT Cyril Ramaphosa should wait for the Constituti­onal Court judgment on Tom Moyane before he implements Judge Robert Nugent’s recommenda­tion to fire the suspended Sars commission­er, said labour and economy expert Bukani Mngoma.

Moyane is facing two processes – Judge Nugent’s commission and an internal disciplina­ry inquiry chaired by advocate Azhar Bham, SC – that have been appointed to establish his fitness to lead the tax collecting body.

Judge Nugent this week, in the middle of the inquiry, released a preliminar­y draft report to Ramaphosa recommendi­ng Moyane’s immediate removal and the appointmen­t of his replacemen­t.

Moyane had earlier this month approached the Constituti­onal Court to suspend the Nugent Commission until the conclusion of his disciplina­ry hearing. Mngoma said Moyane was justified in not allowing himself to be subjected to concurrent processes.

“What if the Constituti­onal Court rules in favour of Moyane?

“It is going to be a problem if the president does not apply his mind diligently before he accepts the recommenda­tions of the judge. In my view the Constituti­onal Court can sort this matter out,” he said.

Judge Nugent said Ramaphosa should “take steps without delay to remove the current commission­er”. He said Moyane’s replacemen­t should be appointed through “an open and transparen­t process, but without compromisi­ng the urgency of the appointmen­t”.

However, Mngoma said that although Sars’s integrity should be restored, Ramaphosa risked making legal and labour mistakes if he rushed to act on the recommenda­tions.

“Since the president is also bound by the Constituti­on and law he cannot be motivated by speed in complying with the recommenda­tion. Remember that he is dealing with a person who is still an employee. This person is protected by labour law, which needs to be respected. (The recommenda­tion) does not necessaril­y mean that due process should be flouted, because that would complicate matters as Moyane could argue that he had been unfairly removed,” he said.

Ramaphosa suspended Moyane after he was charged with misconduct, which includes claims that Sars paid a tax return of more than R70 million to a Gupta-linked company while withholdin­g returns of more R70m due to deserving taxpayers since 2004 when he took over the office.

In a statement sent to Independen­t Media yesterday, Moyane’s lawyer, Eric Mabuza, said Ramaphosa had given Moyane until October 26 to make representa­tion on whether or not Judge Nugent’s recommenda­tion should be implemente­d.

“However, we do not believe the president will join in this irrational and illogical attempt to fire the commission­er of Sars unlawfully and through the back door. It is completely illogical and unheard of.

“Bham has recently ruled that the disciplina­ry process must be stayed or postponed until the ongoing constituti­onal challenge has been finalised. We hope Judge Nugent will also usurp that correct finding of Bham,” said Mabuza.

Constituti­onal law expert Professor Shadrack Gutto concurred with Mngoma. “Since this is a recommenda­tion, unlike in a court of law, it cannot be followed immediatel­y. Moyane can still take the recommenda­tion for a review in a court of law,” he said. GCIS

 ??  ?? DEPUTY President David Mabuza, as special envoy to South Sudan, with President Uhuru Kenyatta of Kenya at the State House in Nairobi. Mabuza is on the last leg of his working visit to South Sudan, Sudan and neighbouri­ng IGAD member countries to hold talks with various role players on the ongoing efforts to find peace, stability and developmen­t in South Sudan. |
DEPUTY President David Mabuza, as special envoy to South Sudan, with President Uhuru Kenyatta of Kenya at the State House in Nairobi. Mabuza is on the last leg of his working visit to South Sudan, Sudan and neighbouri­ng IGAD member countries to hold talks with various role players on the ongoing efforts to find peace, stability and developmen­t in South Sudan. |

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