The Constitutional Court has dismissed former South African Revenue Service Commissioner Tom Moyane’s application to review and set aside the decision to establish the Nugent Commission of Inquiry.
President Cyril Ramaphosa accepted the recommendations in the commission’s interim report and fired Moyane.
The apex court found among its reasons for the dismissing the application was that Moyane failed to provide a basis to gain direct access to the court.
The Constitutional Court says in its ruling that Moyane failed to establish grounds for the engagement of the court’s exclusive jurisdiction.
The court says no basis was set out to permit direct access considering Moyane has other avenues available.
Moyane approached the highest court because of the urgency of the matter and the concern that it would take several years to finalise the case if it was started in the High Court because of appeals and other legal processes.
This decision means the former commissioner’s fight for his job would have to start in the High Court.