LISTEN: Moyane loses court bid to overturn his dismissal
Axed South African Revenue Service (Sars) boss Tom Moyane has lost his bid to have his dismissal overturned.
Judgment was delivered in the North Gauteng High Court in Pretoria on Tuesday.
President Cyril Ramaphosa fired Moyane at the beginning of November after he was given several days to give reasons why he should not be fired.
Ramaphosa’s decision was based on recommendations by Judge Robert Nugent’s interim report into the embattled revenue service.
He was also concerned about Moyane’s unwillingness to fully participate with the Nugent commission.
In his judgement, Judge Hans Fabricius described Moyane’s conduct as abusive.
“It is clear from my judgment that the applicant in these proceedings is particularly reprehensible. Both the office of the president and the third responded have been attacked, insulted and defamed without any reasonable cause. Allegations impunity their integrity and character have been made regardless of the objective facts. Insults have been hurled at every conceivable opportunity.”
Fabricius said Moyane’s entire application was an abuse of the court process.
Moyane’s application to have the court interdict Nugent’s interim report was also dismissed, Fabricius said the inquiry was instituted lawfully and Ramaphosa had every right to fire Moyane on the basis of its recommendations.
He dismissed the application with costs and ordered Ramaphosa to appoint a new SARS commissioner.
Moyane’s attorney Eric Mabuza said they completely disagree with the judgment.
“We respectfully disagree with the judgment and we will study it further. You will remember that the case before the court was to freeze the status quo and had nothing to do with the main challenge which is what we call part B. If necessary, we will supplement our papers to ensure part be of the application is before the court.”
Moyane, who was smiling after the judgment, refused to comment.