PRETORIA – Former South African Revenue Service (Sars) commissioner Tom Moyane’s fight to get his job back is set to take place in the High Court on Tuesday, but that’s if the court will entertain his application after the Constitutional Court rejected it last week.
President Cyril Ramaphosa fired Moyane in October after accepting the recommendations of the Nugent Commission of Inquiry which found he was not fit nor proper to lead the organisation.
The former commissioner is attacking the legality of the Nugent commission as well as the president’s reliance on its recommendations.
Moyane’s application to the Constitutional Court was to review and set aside Ramaphosa’s decision to establish the Nugent Commission of Inquiry.
The former commissioner’s High Court application was filed after Ramaphosa acted on the commission’s recommendation and fired him and asked the court to reverse the president’s decision.
Moyane’s attorneys included a contingency plan in the High Court application that in the event the Constitutional Court rejects the application, the lower court should hear it.
Moyane will now ask the lower court to hear what the apex court rejected.
But retired Judge Robert Nugent has submitted that such a move is highly irregular and should not be entertained.