Ousted Sars boss now fights back

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,” the lawyers said.

“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 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.

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.