Suspended Sars Commissioner Tom Moyane is reportedly gearing up for a court process to have the charges against him dismissed. File picture: Simphiwe Mbokazi

Johannesburg - Suspended Sars Commissioner Tom Moyane is reportedly gearing up for a court process to have the charges against him dismissed.

The Sunday Times reported that Moyane believes that the charges he faces were predetermined and it was impossible for President Cyril Ramaphosa to have gauged his unsuitability for the job in a 30 meeting. 

He also believes that his privacy has been violated. 

Moyane was suspended from his position by Ramaphosa in March who sighted the importance of ensuring the integrity of Sars was protected. 

The suspended commissioner was on Friday served with disciplinary charges and a notice that he will face a disciplinary inquiry into his conduct.  

The charges that Moyane faces include; misconduct in violation of his duties and responsibilities in terms of the Sars Act, Finance Management Act and the Sars code of conduct.  

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The inquiry will be presided over by retired Constitutional Court Judge Kate O'Regan and will only be conducted in writing. 

Moyane has taken issue with several issues, one being the manner in which Ramaphosa questioned his involvement in pressuring that a VAT refund, worth millions, was paid to the Gupta family. 

According the paper, he also took issue with Ramaphosa questioning him on his former deputy Jonas Makwakwa's illegal transactions by referring to Makwakwa as his deputy. 

Moyane insisted that he was the only one in charge at Sars, but Ramaphosa refused to acknowledge that.  

His lawyer Eric Mabuza said he also had issue with the fact that the inquiry would be paper based, as this would allow his "detractors" to get away free without their allegations being interrogated.

When Moyane was suspended in March, Ramaposa had asked him to resign but he refused.

The Presidency said the details about the inquiry will be made public soon.

Political Bureau