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IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) Case No: j In the matter between: SAE 7 J COMMISSIONER THOMAS SWABIHI MOYANE Applicant and PRESIDENT CYRIL RAMAPHOSA . “First Respondent MINISTER PRAVIN GORDHAN Second Respondent | JUDGE ROBERT NUGENT NO | Third Respondent ADVOCATE AZHAR BHAM SC NO ‘ourth Respondent PROFESSOR MICHAEL KATZ NO Fifth Respondent ADVOCATE MABONGI MASILO NO Sixth Respondent MR VUYO KAHLA NO Seventh Respondent MINISTER TITO MBOWENI Eighth Respondent NOTICE OF MOTION PLEASE TAKE NOTICE that the applicant intends to bring an application in the above Honourable Court on 27 November 2018, at 10h00 or so soon thereafter as the matter may be heard, for an order that, pending the determination and outcome of the main application currently serving before the Constitutional Court of South Africa under Case No CCT248/2018, altematively before this court: 3.1. 3.2, 3.3. : 2 The requirements and time provisions prescribed in the rules, in terms of Rules 6(12)(a) and 16A(9) are dispensed with and the application will be heard on the basis of urgency; ‘The decision of President Ramaphosa (the first respondent) to accept and/or implement the recommendation of the interim report be temporarily suspended and set aside; President Cyril Ramaphosa: is hereby barred and/or interdicted from implementing the remaining recommendation(s) of the SARS Commission; is hereby barred and/or interdicted from appointing any person to the position of Commissioner of SARS; is hereby barred and/or interdicted form advertising the position of Commissioner of SARS and/or taking any steps directed towards filling the position with any person other than the applicant. Declaring that the status quo which pertained before the service of the removal letter remains in place (ie the applicant is forthwith reinstated as SARS Commissioner and remains suspended with pay); Prohibiting the SARS Commission (the third to seventh respondents) from issuing any further interim and/or final report(s) and/or recommendations: Directing that the Discipiinary Inquiry instituted by President Ramaphosa and chaired by Bham SC (the fourth respondent) remains in place; 3 7. Further and/or alternative relief; 8 Costs against any opposing respondents including punitive and/or personal costs, where applicable. PLEASE TAKE NOTICE FURTHER that the affidavit of Thomas Swabihi Moyane annexed hereto, will be used in support of the application. PLEASE TAKE NOTICE FURTHER that the applicant has appointed the address of his attorneys, as set out hereunder, as the address at which he will accept notice and service of all documents and processes in these proceedings. PLEASE TAKE NOTICE FURTHER that if any of the respondents intends opposing this application, they are required: (a) _to notify the applicant's attorneys in writing by filing a notice of intention to oppose on or before 10h00 on Friday 16 November 2018; and to appoint in such notification an address at which notice and service of all documents in these proceedings shall be accepted; and (b) on or before 12hO0 on Monday 19 November, to file their answering affidavit, if any. Ifno such notice is given, application will be made on 20 November 2018 at 10h00 or soon thereafter as Counsel! may be heard, KINDLY SET THE MATTER DOWN ACCORDINGLY. DATED AT JOHANNESBURG ON THIS THE 13™ DAY OF NOVEMBER 2018.