Scribd Logo
Upload

Welcome to Scribd!

  • 19-03-2018 Letter To The President Ramaphosa

    Uploaded by

    eNCA.com
    55K views2 pages
    Suspended SARS Commissioner Tom Moyane's letter.

    Original Title

    19-03-2018 Letter to the President Ramaphosa

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Suspended SARS Commissioner Tom Moyane's letter.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    55K views2 pages

    19-03-2018 Letter To The President Ramaphosa

    Uploaded by

    eNCA.com
    Suspended SARS Commissioner Tom Moyane's letter.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 2
    Office of the Commissioner Enquiries ‘Thomas Moyane Email {moyane@sars.gov.ze Tolephone o1zaz2 5176 ‘CONFIDENTIAL VW SARS South African Revenue Service ‘Me Cytil Ramaphosa Pretoria Head Office Honourable President of South Aftica 299 Bronkhors! Steet, Nieuw Muckleneuk, 018% Private Bag X923,, Pretoria, 0004 URGENT Dear Honourable President 1. Lefer to the above mater and in particular our meeting held on 18 March 2018 at our tesivence, In the sald meeting, you offered me an opportunty to resign wth inmediate effect wharcin you ofered me mutual separation with payment or the hard ~ route which | interpreted as dismissal asthe Commissioner forthe SARS with immediate effect ‘The basis of your decision wes solely based on your allegation that | have mishandled tne Makwakwa matter and in fat | took any unreasonable amount of time before acting against Mr. Makwalwa, However, I was shocked by your premise because Parlament is curently sez6d with his matter andi seems fo mo that you have developed your view without being in ossassion of all the necessary documents such as all the. relovant ‘correspondence, investigation reports and outcomes of elscplnary proceedings ‘against Makwakwa. Further, il wes obvious to me that you showed te inferest in my version of evens in respect ofthe Makwakwa mater, and as a mater of fact PU falled to offer me an opportunity to submil my version of events 2, Further, the Honourable President made it clear to me that you were woried about macia reports surrounding a certain taxpayer's VAT refund In response, | ‘leary explained to you thal | had no role fo play In this matter except fo make folow ups about whether the SARS senior ofclas selzed with this matter have {assisted the taxpayer about the VAT refund as required by the law and within the ‘SARS intemal operational poles. 3. Itis common cause that | dectined the option of resignation and thereafter you Indicated that you shall proceed to effect te cismissal. With regard to the dismissal, you have advised that your ofce shall communicate same curing the course of today. To my surprise, you intended to proceed wih dlemiseal ‘notwithstanding that there is no eviéence of an ieetrievable braaksown of trust between te President and the Commissioner fo the SARS. 4. Iwas glaring that you have already made a decision to dismiss me, Further, there have Been media reports that you have mace a decision install new leadership atthe helm of the SARS and that Me. Pravin Gordhan is reported 08 the source of such reports. n this regard, SARS has received a pletors of media ‘queries to the effect that you have already dismissed me and rave already ‘appointed another Commissioner for the SARS namely Mr. Meebls! Jonas, [CONFIDENTIAL (~ ‘CONFIDENTIAL Further, you slated that your tended purpose i to clean the SARS and that you have lst confidence in me asthe Commissioner fer the SARS. | have been advised that as the President, you have the power to appoint the (Commissioner forthe SARS as contemplated In eecion 6 ofthe SARS Act 34 of 4997(@s amended), and that such power includes the power Io dismiss. In the ‘same token, | have been advised thal the process of eliher suspension or ssmissal must be both proceduraly and substantively far as required by the legislative regime govering employment retalons. In this regard, |" was specificaly advised that you need to afford me an opportuny to be heard in fofder for me to dissuade you from taking the decision of suspension or lsmiseal tis indsputable thatthe process adopted by you is unlawful and unconstitutional in tht you have made a decision to cismiss or suspend wihout affording me an pporuniy 10 be heard. Furie, its clear to me tat your decision is largely based en mesia reports or informed by people with @ bias view, and your Gecision wes made witout applying your mind to all the necessary Information in respect ofboth the Mekwakwa matter and the taxpayer's VAT refund |'am advised that your conduct invites urgent legal review and would obviously be ‘overturned by the Cours. this regard, intend o approach the court To insftle ‘an urgent interdict i you fall to athere to the requred undertaking 2s slaled hereunder, In ight of the unlawful process adopted by you, | hereby seek an underiking from you that you shall not proceed to ether suspend or dismiss me without following due process which incudes affording me an opportunay to be heard ‘and present my version through an independent ané objective hearing. The President has already made his mind and thus he ls conicled and perceved as such. For instance, lam advised thatthe President Is required to either request Parliament o hold an inquiry into my fess to hold offic ors hearing chaired by fan independent person co” allematively avait the outcomes of the intended Commission of inquiy. | hereby urge the President to urgenty establish the intended commission of inquiry and thereafter the President could make

    You might also like