Tom Moyane's bid to get job back overturned in court
Economy / 11 December 2018, 10:31am / Staff reporter
JOHANNESBURG - Judge Fabricius has dismissed former Sars boss Tom Moyane's application to have his dismissal overturned at the North Gauteng High Court, Pretoria.
Judge Fabricius said that the national interest far outweighed that of Moyane’s interest, hence the dismissal to lift the status quo.
In November, Moyane had approached the Concourt asking for an interim order to set aside Ramaphosa's decision to fire him, pending their main application in the high court to declare proceedings at the Nugent Commission unlawful and unconstitutional.
The ConCourt had turned down the application. In its ruling, the court said it had considered Moyane’s
answering affidavit and replying affidavit, and the affidavits of Mabuza and former president Jacob Zuma, and had decided to dismiss them “because grounds for the engagement of its exclusive jurisdiction have not been established”.
The commission - chaired by retired judge Robert Nugent - was tasked with probing governance and administration at the Sars while Moyane was at the helm. Established in May, the commission recommended to Ramaphosa four months later that Moyane should be fired.
In his ruling, Nugent told Ramaphosa that Moyane had refused to co-operate with the commission despite numerous requests for him to do so.
Moyane also lost the court application prevent retired Judge Robert Nugent not to give President Cyril Ramaphosa his final report on allegations of fraud and corruption which emerged during the hearings the Sars Commission since June this year.
Judge Nugent is expected to deliver his final report on Friday. In September, he delivered an interim report which recommended the dismissal of Moyane - Ramaphosa endorsed the recommendation on November 1.
Last week, Moyane made an urgent application in the High Court in Pretoria asking the court to set aside the decision of Ramaphosa to fire him following Judge Nugent’s interim ruling which recommended his dismissal with immediate effect.
Judge Nugent - who headed the commission to probe administration and governance at Sars while Moyane was at held since September 27, 2014, recommended to Ramaphosa to fire Moyane on the grounds that under Moyane ‘measures to counter criminality have been compromised and those who trade illicitly in commodities like tobacco operate with little constraints.
Judge Nugent told Ramaphosa that his recommendation and those who assisted him were unanimous in their views saying “that has been brought about by at least reckless mismanagement of Sars under the tenure of Mr Moyane and it ought not to be permitted to continue”.
“I have read the interim report of the Commission in so far as it is necessary, I must say I agree with its conclusions that led the President to ultimately dismiss Mr Moyane. I particularly agree with his summary and I agree with the absolute need to remedy this disaster on an urgent basis
” Judge Fabricius said.
The Judge also dismissed the application on the grounds that it was not urgent saying Moyane has failed to show that the prima facie right that he relied upon were of such a nature that, if not protected by an interim order now, irreparable would result to them, which harm could not be reasonably addressed in the future.
“There is no cause of action pleaded that could sustain the granting of interdictory relief against the release of Judge Nugent’s final report,” Judge Fabricius said.
Take a look at how SA reacted to the news on Twitter below:
That was a smackdown of judgement by the courts for Tom Moyane.Dali Mpofu is using the courts to insult the president and judge nugent through Tom Moyane and the judge was correct to label it abomination and abuse of courts....disgusting!!#TomMoyane
I strongly believed that Tom Moyane would win this case on the basis that you can not run two parallel processes that will decide on a person's fitness to hold office. It was a witch hunt and unconstitutional.