The former South African Revenue Service (SARS) boss attempted to invalidate the recommendation of the SARS Commission of Inquiry that he be fired.
On Tuesday, 27 November 2018 the Pretoria high court will hear Tom Moyane’s bid to stop president Cyril Ramaphosa from appointing his replacement.
The high court bid was dependent on the outcome of deliberations at the Constitutional Court. Today, 26 November 2018, the ConCourt dismissed Moyane’s application. According to a report by TimesLive Moyane questioned “the validity of the commission of inquiry that recommended he be fired.”
The president fired the former SARS boss at the beginning of the month following a recommendation by the Nugent commission on SARS. Former president Jacob Zuma has offered his support to Moyane. Zuma said the commission’s recommendation should not have any bearing on the president’s decision.
“The SARS Commission has deviated [from] its originally intended purpose. Finally, I also confirm that at all material times hereto, President Ramaphosa diligently served as my deputy and would have been familiar with most important and relevant decisions made by the Cabinet and or the Presidency,” Zuma said.
But recommendations by a commission are not always listened to. “I think Zuma does not have a strong case. They must be able to prove that Ramaphosa’s decision to dismiss Moyane was irrational in the same way that the court found that Shaun Abrahams’ appointment as NPA head was irrational,” Dirk Kotze, a politics professor at UNISA said to The Citizen.