ConCourt Dismisses Moyane’s Application For Leave To Appeal

Former Sars Commissioner Tom Moyane lost his bid for leave to appeal at ConCourt.
Former Sars Commissioner Tom Moyane.

Axed SARS boss Tom Moyane has lost his bid for leave to appeal at the Constitutional Court.

In a brief court order, dated February 4, the ConCourt stated that after considering Moyane’s application for leave to appeal, it concluded that it should be dismissed as it “bears no reasonable prospect for success”.

The court also opted not to award costs.

Moyane’s legal team filed the court papers for leave to appeal in December – this after the North Gauteng High court on December 11 upheld his dismissal, ruled a permanent SARS commissioner could be appointed and gave the green light for the release of the final Nugent report.

The Nugent report, which recommended that Moyane be sacked, among other things, followed the Nugent Commission of Inquiry into the administration of SARS.

Moyane has gone to court several times to challenge both the Nugent inquiry and its report without success.

His original affidavit submitted to ConCourt in December read, “Apart from having been appointed by former President (Jacob) Zuma and being hated by the media and others, what wrong has Mr Moyane actually done to deserve being stripped of all constitutional rights… including his rights to dignity and reputation?”

Moyane argued that the matter touched on far more than salary, but also involved “human dignity and ubuntu” and should be heard as soon as possible as it was in the public interest.

At the time of publication, Fin24 had not been able to reach Moyane’s lawyer, Eric Mabuza, by phone or text message.