PRETORIA – The High Court in Pretoria has ruled that former South African Revenue Service (Sars) commissioner Tom Moyane’s application for interim relief could not be granted because his application to the Constitutional Court was dismissed.
Judge Hans Fabricius dismissed Moyane’s application to have President Cyril Ramaphosa’s decision to fire him reviewed and set aside.
This ruling has opened the door for the president to appoint a new permeant head of the revenue service.
Moyane had asked the Constitutional Court to declare Ramaphosa’s decision to establish the Nugent Commission of Inquiry as unlawful.
Moyane then approached the High Court to have Ramaphosa’s decision to fire him reversed until his apex court matter was finalized, but then the highest court dismissed that application.
Judge Fabricius found this rendered the present application moot.
“Interim relief was sought pending the determination of the Constitutional Court application which has now been dismissed. In the absence of a proper pending application for final relief, the interim relief cannot be granted.”
Moyane’s attorney says they’re still studying the judgment.
At the same time, President Ramaphosa has welcomed the High Court ruling, saying he will soon initiate the process to appoint a new Sars commissioner.