Judge Hans Fabricius dismissed the application with costs and said a punitive cost order against Moyane is justified based on his “abusive” behaviour throughout the court proceedings.
“The application is dismissed with costs including the costs of two counsel,” he said
Fabricius said Moyane’s conduct has been abusive towards President Cyril Ramaphosa and retired judge Robert Nugent who was chairing the Sars commission of inquiry.
“It is clear from my judgement that the conduct of the applicant in these proceedings is particularly reprehensible and vexatious and abusive.
“Both the office of the president and the third respondent have been attacked, insulted and defamed without any reasonable cause,” Fabricius said.
The Nugent Commission of Inquiry was tasked with probing governance and administration at the revenue service while Moyane was at the helm.
President Ramaphosa fired Moyane on the recommendation of Judge Nugent’s interim report.
Moyane insists that the disciplinary hearing should not have happened at the same time as the Sars Commission.
Since he took over at the revenue service in 2014, revenue collection at Sars has dwindled with a shortfall of around R100 billion.
– African News Agency