CAPE TOWN - President Cyril Ramaphosa in a statement welcomed a ruling by the high court in Pretoria dismissing axed South African Revenue Service boss Tom Moyane's bid to get his job back.
"President Ramaphosa has welcomed the judgment as a step towards stabilising SARS at a time when efficient revenue collection and tax justice is vital to economic recovery and restoring the confidence of corporate and personal taxpayers in this important public institution," the statement from the presidency said.
"In line with the recommendations of the Nugent Commission, the president will soon initiate the process to appoint a new SARS commissioner."
Early, Moyane failed in his bid to force Ramaphosa to temporary withdraw his decision to fire him.
Moyane also lost the court application to prevent retired Judge Robert Nugent from giving 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”.
Judge Hans Fabricius, who heard the urgent application and dismissed it, agreed with Ramaphosa and Judge Nugent.
“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 protect 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.
Additional reporting by African News Agency