Constitutional Court dismisses application by Tom Moyane
The Constitutional Court has dismissed former Sars commissioner Tom Moyane’s bid to challenge the validity of the commission of inquiry that recommended he be fired.
An order dated November 21 notes that the Constitutional Court considered Moyane’s application as well as the affidavit filed by former president Jacob Zuma that supported him.
But the court decided to dismiss the application because grounds for exclusive jurisdiction had not been established.
“Nor has a basis been laid for direct access in view of the fact that the applicant had other avenues available,” the court ruled.
Moyane was fired on November 1 after Judge Robert Nugent recommended in his interim report on the state of Sars that he be given the axe.
The axed Sars boss went to court challenging the Nugent inquiry altogether, arguing that it was biased against him.
He also argued that it was unfair to be subjected to the Nugent inquiry and his disciplinary inquiry headed by advocate Azhar Bham at the same time.
But Ramaphosa responded saying the matter was moot as he decided to fire Moyane anyways.
Zuma came to Moyane’s defence last week, telling the court that Nugent had no authority to recommend Moyane’s firing.
Moyane’s lawyer Eric Mabuza could not be reached for comment. He is however expected to go to the North Gauteng High Court to seek an interdict against Ramaphosa’s dismissal later this week.