SARS' Tom Moyane suspended with 'immediate effect'

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Splinter

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thechamp said:
One of these days Zuma is going to reveal the dirt and that Ramaphosa will be very sorry, he must keep on provoking him and he'll see.
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So who's side are you on in this little battle. Not quite clear...
 
CataclysmZA

CataclysmZA

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thechamp said:
One of these days Zuma is going to reveal the dirt and that Ramaphosa will be very sorry, he must keep on provoking him and he'll see.
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Zuma doesn't have anything. Many of Ramaphosa's decisions have also been based on court decisions, so it will be difficult for the ANC to argue against them or reverse them. The well is drying up for all the Gupta stooges.

thechamp said:
Picking sides is hard, I am for unity.
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"Unity" is just a nice excuse to turn a blind eye against corruption and let it continue, without addressing the rot that's set in.
 
TheChamp

TheChamp

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Splinter said:
Well, I have to disagree. It wasn't clear to me. And to at least one other member. What is interesting, is why you have to speak on behalf of someone?
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There is one other member R13 who agrees that it was a tongue in cheek comment, we now have a tie. It is my honour as the owner of that comment to now officially declare it a tongue in cheek comment, my decision is final and binding on everyone including Splinter.
 
S

Splinter

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thechamp said:
There is one other member R13 who agrees that it was a tongue in cheek comment, we now have a tie. It is my honour as the owner of that comment to now officially declare it a tongue in cheek comment, my decision is final and binding on everyone including Splinter.
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Yeah, well, after seeing all your previous posts, and not recalling an answer to my statement that you were a defender of the ANC; I guess I am going to unbind myself from this.
 
TheChamp

TheChamp

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Splinter said:
Yeah, well, after seeing all your previous posts, and not recalling an answer to my statement that you were a defender of the ANC; I guess I am going to unbind myself from this.
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I also had no energy to entertain you, win win I say. Live a little, there is more to this forum than me, it's just beyond me why me being a defender or non defender of the ANC can mean so much to you, I have never taken any interest in you beyond discussing the topic at hand.
 
S

Splinter

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thechamp said:
I also had no energy to entertain you, win win I say. Live a little, there is more to this forum than me, it's just beyond me why me being a defender or non defender of the ANC can mean so much to you, I have never taken any interest in you beyond discussing the topic at hand.
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Oh, stop being so dramatic. And ludicrous. This is a forum - and you post in debatable and contentious threads. I have never taken any interest in you other than in what you post. You insinuating I have a vendetta against you is clever, in an ANC sort of way, of trying to get away from the facts at hand.
 
Cius

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What an epic judgement! Thanks for sharing. I have never heard of a judge finishing off with something like this:
His behaviour throughout these proceedings is abominable.
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Epic burn.
 
Gordon_R

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Frequent visitor said:
Strongly worded. More please!
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There were actually three separate articles in the Daily Maverick, on the same topic:
https://www.dailymaverick.co.za/opi...e-vexatious-and-abusive-tom-moyanes-big-loss/
https://www.dailymaverick.co.za/opi...the-country-moyanes-litigation-must-end-soon/
https://www.dailymaverick.co.za/article/2018-12-11-abominable-moyanes-court-application-dismissed/

Reading a summary of the judgment, Judge Hans Fabricius outlined the reasons he dismissed Moyane’s application before explaining why Moyane should pay his opponents’ legal costs.

“It is clear from my judgment that the conduct of the applicant in these proceedings is particularly reprehensible. It is vexatious and abusive. Both the office of the President and the third respondent have been attacked, insulted and defamed without any reasonable cause,” said the judge.

“Allegations impugning their integrity and character have been made regardless of the objective facts. Insults have been hurled at every conceivable opportunity,” Fabricius continued.

The judge said Moyane’s application was “an abuse of the processes of this court” and he could find no reason why the application would be a justified attempt at protecting Moyane’s rights.

Fabricius called the former SARS commissioner’s behaviour during the proceedings “abominable”.

He said Moyane’s application was not urgent and had provided no legitimate reason to block the finalisation of retired judge Robert Nugent’s SARS inquiry report.

Fabricius said the Nugent Inquiry, which recommended Moyane’s removal in its interim report, was lawfully established and Ramaphosa had dismissed him “lawfully and rationally”.

“(The) applicant’s employment contract with SARS provided no impediment to the President’s removal of him from office,” the judgment said.

It said Moyane had been afforded an opportunity to be heard by both the Nugent Inquiry and Ramaphosa which he which “he spurned with disdain”.

“The balance of convenience overwhelmingly favours the refusal of the interim relief in order that the commission complete its investigations and report its findings to the President and the President can proceed to appoint a new commissioner at SARS,” said Fabricius.

“The national interest far outweighs the narrow financial interest of the applicant.”

The judgment is another blow to Moyane after the Constitutional Court recently dismissed his application for direct access, saying he had not shown the court had exclusive jurisdiction over his application.

Moyane was represented by Advocate Dali Mpofu SC and attorney Eric Mabuza. It is unclear whether he will appeal the judgment, but the chances of success on appeal would appear slim given Fabricius’s criticism.
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surface

surface

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Gordon_R said:
There were actually three separate articles in the Daily Maverick, on the same topic:
https://www.dailymaverick.co.za/opi...e-vexatious-and-abusive-tom-moyanes-big-loss/
https://www.dailymaverick.co.za/opi...the-country-moyanes-litigation-must-end-soon/
https://www.dailymaverick.co.za/article/2018-12-11-abominable-moyanes-court-application-dismissed/
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Clearly Dali Mpofu must be smoking some top of the range stuff here.

At the heart of the entire application by Mr Moyane was the claim made by advocate Dali Mpofu in his written heads of argument that the application on behalf of Mr Moyane “deals with some of the most egregious violations of human rights by the State against a single human being ever witnessed during the dawn of democracy”.
 
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F

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I hate this business - in all countries - of appealing every ruling. The point in this case was that Moyane was made to pay for the proceedings, which should cut some of the nonsense out. It might be even better to make the advocate and /or the solicitor pay up too, so as to focus their minds on the merits of the cases. Perhaps a deposit in advance? Balancing expediency against true justice is the difficult part.
 
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