Former Sars commissioner Tom Moyane has
approached the Constitutional Court, filing an affidavit on Friday which
sought to have both his disciplinary hearing and the decision by
President Cyril Ramaphosa to set up the Nugent commission of inquiry
into Sars declared unlawful, EWN reports.
According
to Moyane’s attorney Eric Mabuza, the president will be expected to
submit an affidavit responding to Moyane’s, the contents of which will
determine their way forward legally.
Ramaphosa is expected to appoint a new Sars commissioner in the coming weeks.
Parliament’s standing committee on finance said on Friday that Ramaphosa had no choice but to fire Moyane.
In a statement, the multi-party committee welcomed Moyane’s sacking.
Committee
chairman Yunus Carrim said: “We feel that the president had no choice
but to dismiss Mr Moyane given the almost unanimous views expressed at
the Nugent commission that he had mismanaged Sars, the amount of revenue
shortfall now emerging and the decisive and final proposal from the
commission that he be dismissed.
“We
found in our own experience of Mr Moyane’s management of the allegations
against his colleagues, Mr Jonas Makwakwa and Ms Kerry-Ann Elskie, many
inconsistencies and much evasion that reflected very badly on Sars.
Sars’ failure to respond accurately to our concerns on this matter
consumed a considerable amount of our time.”
The committee said Ramaphosa needed to appoint Moyane’s replacement “as soon as reasonably possible”.
Ramaphosa
gave Moyane his marching orders on Thursday, saying immediate action
was needed to forestall any further deterioration of the country’s tax
administration system.
In the interim
Nugent report released on October 16, Nugent said it was clear that
Moyane had no intention of engaging the commission, confronting the
evidence mounting against him, or accounting for his conduct during his
tenure.
– Citizen
