The legal representative of suspended South African Revenue Service (Sars) commissioner Tom Moyane said they would approach President Cyril Ramaphosa with a view to halting the commission of inquiry into the administration of Sars.

"Our next point is to take [up] the issue with the president, as you have heard, the judge said he didn't appoint himself. We will go to the decision maker who appointed the judge," said Eric Mabuza.

Retired judge Robert Nugent dismissed a request made by Moyane last week for the inquiry be discontinued or stayed‚ pending the outcome of his disciplinary inquiry, and for all the evidence to be expunged from the record.

Nugent said the commission was constituted by the president and cannot dissolve itself.

Mabuza said if they failed with the president, they would approach the court as instructed by Moyane.

Nugent was scathing of submissions made by Moyane through his legal representative, Advocate Dali Mpofu, saying these were a disgrace.

Besides halting the inquiry, Moyane wanted Sars to pay his legal fees, a demand which was also rejected by Nugent.

Moyane also wanted Professor Michael Katz removed from the inquiry, saying he was a friend of the president and had acted for him during the Marikana debacle.

Nugent said Katz was not conflicted and he is staying.