Axed SARS boss Tom Moyane has written to President Cyril Ramaphosa demanding that Ramaphosa withdraw his letter of termination to Moyane before the end of the week.
In a letter issued via his attorney Eric Mabuza on Tuesday, Moyane gave Ramaphosa a deadline of 12 noon on Friday November 9 to withdraw the termination on grounds that the president’s conduct was “irrational, unlawful and invalid”.
“[W]e are instructed to demand, as we hereby do, that you must forthwith withdraw your letter of termination dated 1 November 2018, restore the status quo which obtained before the service thereof (i.e. that our client is suspended with pay pending the outcome of the Disciplinary Inquiry) and duly await the outcome of the pending Constitutional Court application and/or the Disciplinary Inquiry,” the letter reads.
Last week the Presidency confirmed that President Cyril Ramaphosa had fired Tom Moyane as the commissioner of the South African Revenue Service (SARS).
Ramaphosa had heeded the recommendations of the Nugent Commission of Inquiry, which submitted its interim report at the end of September.
Retired judge Robert Nugent and his assistants unanimously agreed that Moyane does not have the character of a person fit to lead Sars and he should be removed from office as a matter of urgency.
By Sifiso Zulu for EWN
President Cyril Ramaphosa has suspended Tom Moyane as South African Revenue Service (SARS) Commissioner with immediate effect.
The Presidency says Ramaphosa met with Moyane on Monday to inform him of his decision after reports that the now suspended senior tax official refused to resign.
Ramaphosa has cited that developments at SARS under the leadership of Moyane have resulted in a deterioration of public confidence in the institution and public finances being compromised.
Moyane appeared in Parliament recently to answer questions about infighting at SARS including his handling of ex-tax official Jonas Makwakwa’s disciplinary hearing.
Presidency spokesperson Khusela Diko says: “The president has said the actions of Mr Moyane in relations to a number of matters, including his treatment of Mr Makwakwa and his failure to report this issue to the Minister of Finance but also management of it in that regard have brought SARS into serious disrepute and this is what the president was acting against.”
The Organisation Undoing Tax Abuse (Outa) says the suspension of Moyane is a start towards restoring confidence in the revenue service and improving tax morality.
Outa’s Wayne Duvenage says this decision will also improve relations between the finance ministry and SARS.
“We get the reporting lines right between the minister of finance and SARS which was removed when Jacob Zuma was there and he had direct control there. I think we’ll start to see accountability improve, performance improvement and efficiency at SARS and we’ll get back to an efficient organisation that collects taxes well.”
Meanwhile, on Monday night Treasury announced Mark Kingon as acting commissioner for SARS.
Kingon has been serving as acting chief officer of business and individual taxes at the revenue service.