You are fired!
Ramaphosa accepted the recommendation of Sars commission of inquiry chairman, retired judge Robert Nugent, that Moyane be axed, and on Thursday served him with a notice of termination of employment. The president acknowledged in the letter of termination that Nugent’s interim report, which recommends Moyane’s firing, painted a “deeply concerning picture” of the current state of the tax agency.
President Cyril Ramaphosa had no choice but to fire SA Revenue Service (Sars) boss Tom Moyane, Parliament standing committee on finance said on Friday.
In a statement, the multiparty committee welcomed Moyane’s sacking.
“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,” committee chairman Yunus Carrim said.
“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”.
The commission heard on Friday that the Sars executive briefed an attorney firm to gather documents related to the so-called rogue unit which cost R750,000.
Retired Judge Robert Nugent, who is leading a commission of inquiry into Sars, made the remarks in his interim report which he submitted to President Cyril Ramaphosa at the end of last month.
Much more documents to read as well
Former South African Revenue Service (Sars) commissioner Tom Moyane‚ a day after being dismissed from the post‚ is accusing President Cyril Ramaphosa of committing violations against the constitution and of pre-empting legal processes that are underway.
Ramaphosa’s office said on Thursday evening that he had accepted the recommendation of the Sars commission of inquiry’s chair‚ retired judge Robert Nugent‚ to axe Moyane‚ and had served him with a notice of termination of employment on Thursday.
Business Day reported that Moyane was suspended in March after a string of controversies around his running of Sars‚ including a R50-billion hole in revenue collection in 2017 and a decline in taxpayer compliance under his watch.
In response‚ Moyane’s lawyer Eric Mabuza said late on Thursday night that they are waiting for Ramaphosa to file his reply to Moyane’s Constitutional Court challenge of the Nugent inquiry on Friday before responding to the president’s decision to terminate Moyane’s employment contract.
“This matter is inextricably linked with the ongoing Constitutional Court application‚ in which among other things the lawfulness of the establishment of the Sars Commission‚ the conduct of Mr Nugent and the appointment of [commission advisor] Mr Katz are just some of the issues which are currently before the Constitutional Court‚” said Mabuza.
“Friday November 2 2018 is the deadline for President Ramaphosa‚ Mr Nugent and others to file their answering affidavits. Once these are received‚ we will convene a consultation with Commissioner Moyane to decide on the next steps in dealing with all the relevant violations of the constitution by President Ramaphosa and his appointees‚ and related ongoing and contemplated litigation.”
In June‚ Moyane’s attorney raised concerns about the presence of Professor Michael Katz on the commission of inquiry into SARS‚ “given his conflicted status as the personal and business legal representative” of the president. This was dismissed by Nugent‚ in part because he had appointed his own team for the inquiry – he was the only member appointed directly by Ramaphosa.
RESPONSIBLE MINISTER : MINISTERS OF FINANCE