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A legal war between suspended SA Revenue Service commissioner Tom Moyane and President Cyril Ramaphosa is likely to ensue following a heated exchange of letters between the pair.
Оригинальное название
Tom Moyane's letter to President Cyril Ramaphosa
A legal war between suspended SA Revenue Service commissioner Tom Moyane and President Cyril Ramaphosa is likely to ensue following a heated exchange of letters between the pair.
A legal war between suspended SA Revenue Service commissioner Tom Moyane and President Cyril Ramaphosa is likely to ensue following a heated exchange of letters between the pair.
Office of the
Commissioner
Enquiries
‘Thomas Moyane
Emall
‘Telephone
CONFIDENTIAL,
WV SARS
South African Revenue Service
Mr Cyril Ramaphosa Pretoria Head Office
- 299 Bronkhorst Street,
Honourable President of South Africa Nieuw Muckleneuk, 0181
Private Bag X923,
Pretoria, 0001
URGENT
Dear Honourable President
1. [refer to the above matter and in particular our meeting held on 18 March 2018 at
your residence. In the said meeting, you offered me an opportunity to resign with
immediate effect wherein you offered me mutual separation with payment or the
hard ~ route which | interpreted as dismissal as the Commissioner for the SARS
with immediate effect. The basis of your decision was solely based on your
allegation that | have mishandled the Makwakwa matter and in that | took an
unreasonable amount of time before acting against Mr. Makwakwa. However, |
was shocked by your premise because Parliament is currently seized with this
matter and it seems to me that you have developed your view without being in
Possession of all the necessary documents such as all the relevant
correspondence, investigation reports and outcomes of disciplinary proceedings
against Makwakwa. Further, it was obvious to me that you showed litle interest in
my version of events in respect of the Makwakwa matter, and as a matter of fact
you failed to offer me an opportunity to submit my version of events,
2. Further, the Honourable President made it clear to me that you were worried
about media reports surrounding a certain taxpayer's VAT refund. In response, |
clearly explained to you that | had no role to play in this matter except fo make
follow ups about whether the SARS’ senior officials seized with this matter have
assisted the taxpayer about the VAT refund as required by the law and within the
SARS internal operational policies.
3. It is common cause that | declined the option of resignation and thereafter you
indicated that you shall proceed to effect the dismissal. With regard to the
dismissal, you have advised that your office shall communicate same during the
course of today. To my surprise, you intended to proceed with dismissal
notwithstanding that there is no evidence of an irretrievable breakdown of trust
between the President and the Commissioner for the SARS.
4. It was glaring that you have already made a decision to dismiss me. Further,
there have been media reports that you have made a decision to install new
leadership at the helm of the SARS and that Mr. Pravin Gordhan is reported as
the source of such reports. In this regard, SARS has received a plethora of media
queries to the effect that you have already dismissed me and have already
appointed another Commissioner for the SARS namely Mr. Mcebisi Jonas.
CONFIDENTIALCONFIDENTIAL
Further, you stated that your intended purpose is to clean the SARS and that you
have lost confidence in me as the Commissioner for the SARS.
5. | have been advised that as the President, you have the power to appoint the
Commissioner for the SARS as contemplated in section 6 of the SARS Act 34 of
1997(as amended), and that such power includes the power to dismiss. In the
same token, | have been advised that the process of either suspension or
dismissal must be both procedurally and substantively fair as required by the
legislative regime governing employment relations. In this regard, | was
specifically advised that you need to afford me an opportunity to be heard in
order for me to dissuade you from taking the decision of suspension or
dismissal.
6. tis indisputable that the process adopted by you is unlawful and unconstitutional
in that you have made a decision to dismiss or suspend without affording me an
opportunity to be heard. Further, it is clear to me that your decision is largely
based on media reports or informed by people with a bias view, and your
decision was made without applying your mind to all the necessary information in
respect of both the Makwakwa matter and the taxpayer's VAT refund.
7. |.am advised that your conduct invites urgent legal review and would obviously be
‘overturned by the Courts. In this regard, | intend to approach the court to institute
an urgent interdict if you fail to adhere to the required undertaking as stated
hereunder.
8. In light of the unlawful process adopted by you, | hereby seek an undertaking
from you that you shall not proceed to either suspend or dismiss me without
following due process which includes affording me an opportunity to be heard
and present my version through an independent and objective hearing. The
President has already made his mind and thus he is conflicted and perceived as
such. For instance, | am advised that the President is required to either request
Parliament to hold an inguiry into my fitness to hold office or a hearing chaired by
‘an independent person or alternatively await the outcomes of the intended
‘commission of inquiry. | hereby urge the President to urgently establish the
intended commission of inquiry and thereafter the President could make a
decision based on the outcome of the said commission.
9, I hereby request that the required undertaking be made today on or before 9:30
pm. Failure to give the undertaking will leave me with no alternative but to
approach the court seeking an interdict on an urgent basis. | intend to approach
the court by tomorrow morning.
Regards
TOM MOYANI
COMMISSIONE!
DATE: /4
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