Former SARS commissioner Tom Moyane suffered another legal blow on Tuesday with the North Gauteng High Court dismissing his attempts to overturn his November 2018 dismissal, prevent President Cyril Ramaphosa from appointing a successor, and his attempt to block the Nugent Commission’s final report, expected to be finalised on Friday.

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.

Moyane has boasted of being the most successful SARS commissioner in its history, but the institution saw an R100-billion revenue collection shortfall during his tenure as key investigative units were dismantled and staff left in droves.

Moyane was appointed by former president Jacob Zuma and during his tenure is alleged to have been an important cog in the machinery of State Capture. DM