Moyane heads back to court over judge's remarks
Former South Africa Revenue Service (SARS Commissioner, Tom Moyane, says Tuesday's judgement undermined his constitutional rights to approach the court when an injustice is perceived.
Moyane's legal representative, Eric Mabuza, says they will be approaching the Constitutional Court to challenge the remarks made by Judge Hans Fabricius.
In delivering his scathing judgement in the North Gauteng High Court in Pretoria, Judge Fabricius referred to Moyane as "fixatious" and that Moyane's conduct has been "apprehensible and abusive."
Moyane's application to set aside the decision by President Cyril Ramaphosa to fire him was dismissed - allowing the President to appoint a new permanent head of the Revenue Service.
Mabuza says they respect the judgement but differ with the tone in which it was delivered.
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"In our view, it effectively questions the rights of Moyane to even approach the courts even when he perceives injustice. It also gives licence to abuse of state power individuals. It will have a chilling effect in the population and discourage people from challenging power," Mabuza says.
Mabuza says Fabricius made judgements of issues that were not put before the court.
"And neglected to deal with issues that were before him, for instance, the judge did not deal with the alleged conflict of interest or bias between President Ramaphosa and Mr Kurt as well as the meeting that took place between Minister Pravin Gordhan and Mr Nugent. It's for these reasons that we've been given firm instructions to appeal the judgement," Mabuza says.
He adds that Moyane is surprised that they have been ordered to pay punitive costs when the highest court did not rule on the issue.
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