Former SARS Commissioner Tom Moyane during his hearing in Sandton Johannebsurg. Photo Simphiwe Mbokazi African News Agency/ANA

CAPE TOWN - The suspended South African Revenue Service (Sars) Commissioner, Tom Moyane believes that the Nugent Commission of Inquiry is trying to get rid of him. 

Moyane accused the commission of moving towards an outcome that is predetermined and is wholly biased. 

Moyane’s attorney, Eric Mabuza, said that he has given President Cyril Ramaphosa a deadline of next Friday to say whether he has accepted the commission’s recommendations or he will be taken to court. 

In Moyane’s submissions to Ramaphosa, he asked that the president reject the Nugent Commission's recommendation that he be terminated from Sars. 

“The grounds for the proposed rejection of the said recommendations include the fact that they fall outside the terms of reference of the Sars Commission and are accordingly ultra vires and irrational; are also irrational in the sense of being illogical and self-contradictory; are unreasonable in the circumstances; are unfair in the constitutional sense; are tainted by bias; and constitute a thinly veiled attempt to campaign for the permanent appointment of Mr Mark Kingon, who is the acting commissioner, of Sars,” the letter stated.

The Presidency on Tuesday confirmed receiving Moyane’s letter.

Ramaphosa’s spokesperson, Khusela Diko, said the president was studying the letter. She also confirmed that the president had received Moyane’ssubmission on October 26.

Judge Robert Nugent said last month in his interim report that Moyane had failed to show the character needed to lead Sars and should be let go. 

Mabuza said in a submission that Moyane was not given an avenue or opportunity to address his accusers. 

It should be noted that, according to EWN, correspondence with Judge Nugent showed that Moyane was given a number of chances to make submissions before the judge presented his interim report. 

Moyane apparently declined to do so or chose not to.