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EFF says firing of Tom Moyane was unlawful

Cyril Ramaphosa fired suspended SARS commissioner Tom Moyane on Thursday following a recommendation from the Nugent Commission of Inquiry.

FILE: Mbuyiseni Ndlozi. Picture: Bertram Malgas/EWN.

JOHANNESBURG - The Economic Freedom Fighters (EFF) has rejected President Cyril Ramaphosa’s move to fire Tom Moyane as the South African Revenue Service (Sars) commissioner, saying it’s clearly unlawful and unconstitutional.

Ramaphosa fired Moyane on Thursday following a recommendation from the Nugent Commission of Inquiry which submitted its interim report in September.

Among the reasons the president gave for sacking Moyane was that he didn't participate in the inquiry which was set up to identify the root causes of systemic failures at the revenue service.

While the EFF agrees that Moyane did contribute to the problems at Sars, it believes he should be removed legally.

The party's Mbuyiseni Ndlozi says: “Even for our worst enemies, we must with the rule of law [to prevail]. Also, Ramaphosa seems to have taken the decision on the basis on the recommendations of the Nugent Commission which is being challenged in court, so there was no reason to preempt what the court outcome would be.”

MOYANE FAILED TO PERSUADE RAMAPHOSA

Ramaphosa told Moyane that he has failed to provide any adequate reasons why he should not be fired.

Moyane made submissions on Friday to the president in which he urged him to disregard Nugent’s interim report.

Moyane’s submissions focused on attacking the legitimacy of the Nugent Commission of Inquiry accusing it of bias and acting with an ulterior purpose.

The Presidency’s Khusela Diko suggests that Ramaphosa was not convinced by Moyane’s arguments.

“The president has said that Mr Moyane has failed to give any substantive reasons why such action cannot be taken, but most worryingly his then failed to avail himself to answer questions that would have been put to him by the Sars commission in order to clear the issues there.”

Moyane has applied to the Constitutional Court to challenge the lawfulness of the commission.

Additional reporting by Barry Bateman.

(Edited by Winnie Theletsane)

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