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Moyane warns Ramaphosa of ConCourt consequences following axing

Former Sars Commissioner Tom Moyane has warned President Cyril Ramaphosa that if the Constitutional Court rules in his favour, the entire basis upon which he decided to fire him will fall away.

President Cyril Ramaphosa at the 2018 South Africa Investment Conference in Sandton International Convention Centre. Picture: Abigail Javier/EWN

PRETORIA – Former South African Revenue Services (Sars) Commissioner Tom Moyane has warned President Cyril Ramaphosa that if the Constitutional Court rules in his favour, the entire basis upon which he decided to fire him will fall away.

Moyane makes the comments in a letter sent to the president on Monday in which he gives him until midday on Friday to reverse his decision to terminate his contract or face being hauled off to court.

The former commissioner has approached the apex court to declare that the Sars commission of inquiry was unlawfully constituted, acted outside its terms of reference, conducted itself improperly and made invalid findings.

Ramaphosa acted on the commission’s interim report recommendations and fired Moyane as a matter of urgency.

Moyane’s attorney, Eric Mabuza, says that President Ramaphosa’s termination letter is so riddled with extreme examples of irrationality that it is not possible to discern what exactly the president is trying to say.

Mabuza warns Ramaphosa that he took a decision to terminate his client’s contract knowing full well that issues related to the Sars commission are yet to be determined in the Constitutional Court.

He says that such conduct borders on contempt of court or reckless disregard for pending court processes saying that no person is allowed to pre-empt court processes in such a manner.

Mabuza tells Ramaphosa that such conduct falls short of what is expected from a reasonable president who has taken the prescribed oath to obey, observe and uphold the Constitution.

(Edited by Leeto M Khoza)