Moyane threatens to block successor

Former SA Revenue Service (Sars) commissioner Tom Moyane has threatened court action to block President Cyril Ramaphosa from appointing his successor.

Moyane’s lawyers, Mabuza Attorneys, maintain that he is “entitled” to hold his position as Sars commissioner until such time as he is “lawfully removed” through a disciplinary process or his term of office expires.

Ramaphosa told the Constitutional Court last week he had dismissed Moyane in a bid to restore faith in the revenue service, and prevent further catastrophe for the embattled economy. Stabilising Sars is flagged as a priority by the Treasury.

He argued that Moyane’s Constitutional Court challenge to the fairness of both the Nugent inquiry into Sars and the Bham inquiry into Moyane’s fitness to hold office were “moot”, because he was now fired.

Moyane’s lawyers said the argument was baseless, and pointed out that Ramaphosa’s affidavit to the court was signed “10 minutes” after Moyane had received the letter notifying him of his dismissal.

“It should therefore be

obvious that the 93-page affidavit was prepared long before the decision to remove … was made on November 1.

“How this kind of contrived mootness is supposed to withstand the scrutiny of a court of law remains a mystery yet to be witnessed.

“Only the willfully blind can fail to see such blatant obfuscation,” the lawyers said.

Ramaphosa argued that there was no point to SA’s highest court even agreeing to hear Moyane’s case, which he said had “poor” prospects of success.

The president said he had acted on interim report recommendations by retired judge Robert Nugent — who had found that Moyane’s removal would be in the best interests of Sars and SA — when he decided to fire Moyane.

Moyane’s lawyers are adamant Nugent has no power to make such a recommendation, as “the terms of reference of the Sars commission do not entitle it to make any recommendations midstream and, even worse, to make such recommendations concerning matters which fall outside its mandate”.

They also said Ramaphosa acted recklessly by firing Moyane before the Constitutional Court had made any decision on his challenges to the lawfulness of the inquiries.

“Such conduct leads not only to an absurdity, but borders on contempt of court, or at least a reckless disregard of pending court processes and the rule of law. No person is allowed to pre-empt court outcomes in such a manner.”

The lawyers said Ramaphosa was also wrong to fire him because he “refused” to participate in the Nugent inquiry, as he had been willing to participate once his objections to its legality had been decided on by a court.

In a six-page letter sent to Ramaphosa on Monday, Mabuza Attorneys demands that the president withdraw the termination letter and reinstate Moyane, albeit suspended with pay pending the outcome of his disciplinary inquiry.

If Ramaphosa failed to do so by Friday, they would approach the courts to declare his conduct “irrational, unlawful and invalid’’, and interdict him from advertising or appointing a new commissioner.

The presidency confirmed on Tuesday that it had received a letter from Moyane’s lawyers.

‘‘The president has not yet had an opportunity to consider its merits, if any,’’ spokesperson Khusela Diko said.