Moyane may challenge Nugent report after ConCourt loss

2019-02-12 15:58

Former South African Revenue Service commissioner Tom Moyane might challenge the interim report that recommended that he should be fired.

The report was issued by retired Judge Robert Nugent, who headed the inquiry into tax administration and governance at the South African Revenue Service (Sars).

The Constitutional Court registrar Kgwadi Makgakga issued an order today that dismissed Moyane’s appeal of a ruling made by Judge Hans Fabricius in the Gauteng North High Court in December, when the judge dismissed Moyane’s application in full for a number of rulings, including that he gets his job back.

“The Constitutional Court has considered the application for leave to appeal. It has concluded that the application should be dismissed as it bears no reasonable prospects for success. The court has decided not to award costs,” Makgakga said in the order dated February 4 and issued today.

Moyane’s lawyer Eric Mabuza said that despite the latest Constitutional Court loss Moyane could challenge the interim report issued by Nugent.

“The legal team will soon be meeting with Mr Moyane before the end of the week to take instructions as to hopefully securing an expedited date in respect of the merits of the application for final relief,” he said.

At the same time, Moyane would also concentrate on his application to cross-examine Public Enterprises Minister Pravin Gordhan at the Zondo Commission of Inquiry into State Capture. That had been set down for March 13, Mabuza said.

“He will now be seized with both preparations for both applications,” he added.

The latest Constitutional Court ruling was the sixth consecutive legal loss for Moyane and his legal counsel since he was first suspended from his job in March last year. Following Nugent’s recommendation, President Cyril Ramaphosa fired Moyane on November 1.

The other five legal losses are as follows: head of Moyane’s disciplinary inquiry Advocate Azhar Bham and Nugent separately turned down Moyane’s applications; the Constitutional Court denied Moyane the right to have his dismissal overturned and to stop Ramaphosa from appointing a new Sars commissioner; Fabricius denied Moyane’s application that Advocate Wim Trengove be recused from acting for Nugent; and Fabricius threw out all of Moyane’s applications, opening the way for a new Sars boss to be appointed.

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February 23 2020