Ousted Moy­ane hits back at the pres­i­dent

Observer on Saturday - - News -

JO­HAN­NES­BURG - For­mer South African Rev­enue Ser­vice (SARS) com­mis­sioner Tom Moy­ane‚ a day af­ter be­ing dis­missed from the post‚ is ac­cus­ing Pres­i­dent Cyril Ramaphosa of com­mit­ting vi­o­la­tions against the con­sti­tu­tion and of pre-empt­ing le­gal pro­cesses that are un­der­way.

Ramaphosa's of­fice said on Thurs­day evening that he had ac­cepted the rec­om­men­da­tion of the SARS com­mis­sion of in­quiry's chair‚ re­tired judge Robert Nu­gent‚ to axe Moy­ane‚ and had served him with a no­tice of ter­mi­na­tion of em­ploy­ment on Thurs­day.

Busi­ness Day re­ported that Moy­ane was sus­pended in March af­ter a string of con­tro­ver­sies around his run­ning of SARS‚ in­clud­ing a R50-bil­lion hole in rev­enue col­lec­tion in 2017 and a de­cline in tax­payer com­pli­ance un­der his watch.

In re­sponse‚ Moy­ane's lawyer Eric Mabuza said late on Thurs­day night that they are waiting for Ramaphosa to file his re­ply to Moy­ane's Con­sti­tu­tional Court chal­lenge of the Nu­gent in­quiry yes­ter­day be­fore re­spond­ing to the pres­i­dent's de­ci­sion to ter­mi­nate Moy­ane's em­ploy­ment con­tract. "This mat­ter is in­ex­tri­ca­bly linked with the on­go­ing Con­sti­tu­tional Court ap­pli­ca­tion‚ in which among other things the law­ful­ness of the es­tab­lish­ment of the SARS Com­mis­sion‚ the con­duct of Nu­gent and the ap­point­ment of com­mis­sion ad­vi­sor Katz are just some of the is­sues which are cur­rently be­fore the Con­sti­tu­tional Court‚" said Mabuza.

"Fri­day Novem­ber 2, (yes­ter­day) is the dead­line for Pres­i­dent Ramaphosa‚ Nu­gent and oth­ers to file their an­swer­ing af­fi­davits. Once these are re­ceived‚ we will con­vene a con­sul­ta­tion with Com­mis­sioner Moy­ane to de­cide on the next steps in deal­ing with all the rel­e­vant vi­o­la­tions of the con­sti­tu­tion by Pres­i­dent Ramaphosa and his ap­pointees‚ and re­lated on­go­ing and con­tem­plated lit­i­ga­tion."

In June‚ Moy­ane’s at­tor­ney raised con­cerns about the pres­ence of Pro­fes­sor Michael Katz on the com­mis­sion of in­quiry into SARS‚ "given his con­flicted sta­tus as the per­sonal and busi­ness le­gal rep­re­sen­ta­tive" of the pres­i­dent.

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