Tom Moyane: Nugent report is invalid, illegal

Moyane’s lawyer, Eric Mabuza, accuses Nugent of overstepping his powers with the interim recommendation that the President fire Moyane immediately.

The report was handed to President Cyril Ramaphosa on Tuesday.

Nugent is chairing the commission investigating governance and tax administration at the embattled SARS.

"It's outside his terms of reference," said Moyane's legal counsel to Jacaranda FM on Wednesday.

According to Mabuza, the terms of reference set up by President Ramaphosa do not include Nugent making pronouncement over the employment of Moyane.

A probe into Moyane's fitness for the position is the focus of a disciplinary inquiry led by Advocate Azhar Bham.

"If Mr Nugent can recommend the removal of Mr Moyane - what is left for advocate Bham to do? It is absolutely shocking and unexpectable."

Moyane has launched a bid to the Constitutional Court to challenge the validity of the probes - saying that having both processes run concurrently is an infringement of his rights.

Mabuza says Nugent's interim report clearly "validate our claim of prejudice".

"What we are hopeful for is that the President won't adopt the illegal recommendations because it simply falls outside the terms of reference."

Moyane is still awaiting a date from the Constitutional Court, when his application will be heard.

Read below the terms of reference for the Commission of Inquiry into Tax Administration and Governance at South African Revenue Services (SARS).