Court rules ‘abominable’ Moyane can’t have his job back
The judge called Moyane’s ‘unwarranted attacks’ on President Ramaphosa and Judge Robert Nugent ‘particularly reprehensible’.
The North Gauteng High Court ruled on Tuesday that president Cyril Ramaphosa is free to appoint a new Sars commissioner to replace Tom Moyane.
Moyane will not be getting his job or his salary back. He also won’t be able to stop the Nugent Commission from handing in its final report on Sars to the president. The commission was found to be lawful and the decision to remove Moyane from his position was deemed rational.
Judge Hans Fabricius ruled that the public interest in this matter outweighed Moyane’s financial interests. He granted a punitive costs order against Moyane, finding his conduct “particularly reprehensible”, due to what was described as unwarranted attacks Ramaphosa and Judge Robert Nugent, who chaired the inquiry into Moyane’s misconduct while in charge at Sars.
Moyane’s behaviour was “abominable” and he cannot be protected under the mantle of protecting constitutional rights, the judge found.
Judge Hans Fabricius grants punitive costs order against sacked #SARS boss #TomMoyane as his conduct “particularly reprehensible”, unwarranted attacks of Pres Ramaphosa, Judge Nugent. @TheCitizen_News
— Ilse De Lange (@dLangeIlse) December 11, 2018
Sacked #SARS boss #TomMoyane loses bid to get his job, salary back, to stop Nugent Commission from handing final report to Pres Ramaphosa. Commission was lawful. Decision to remove him was rational,Judge Hans Fabricius rules. @TheCitizen_News
— Ilse De Lange (@dLangeIlse) December 11, 2018
Sacked #SARS boss #TomMiyane’s behaviour was abominable, he cannot be Protected under mantle of protecting constitutional rights, Judge says. @TheCitizen_News
— Ilse De Lange (@dLangeIlse) December 11, 2018
The Nugent commission 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 wants the court to block Ramaphosa from appointing a permanent Sars commissioner and wants to remain on suspension pending his disciplinary hearing.
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