Former SARS commissioner Tom Moyane’s lawyer Eric Mabuza says they will study Tuesday’s court judgment before deciding the way forward.
This after the High Court in Pretoria dismissed with costs Moyane’s bid to get his job back.
President Cyril Ramaphosa will now proceed with the appointment of a new South African Revenue Services (SARS) commissioner.
Mabuza explains, ” We will study the judgment and look at whether those findings were justified in the circumstances. The Judge criticises part B of our application. We’ll deal with that and if necessary we’ll supplement our papers so that we ensure that part B of the application is before court. Certainly, we are coming back because this was merely to freeze the status quo, it had nothing to do with the substance of the application.”
Last week Moyane demanded to have his dismissal be overturned to stop the appointment of a new commissioner and to have Nugent interim report set aside.
Ramaphosa fired Moyane following the recommendation of the Nugent Nugent Commission which found that his tenure at the revenue service had been damaging to the institution and the country.
Judge Hans Fabricius said national interest far outweighed the narrow financial impact on the applicant. In handing down the judgement, Fabricius described Moyane’s behaviour as abominable.
“The whole of the application is an abuse of the process of this court, in my opinion the facts of the matter before me clearly show that the penaltive costs order against the applicant is justified. His behaviour throughout these proceedings is abominable. Under the above mentioned circumstances the order is therefore as follows the application is dismissed with costs including the cost of two counsels and on the attorney client scale,”says Fabricious.
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