By: Charles Molele
Deputy Chief Justice Raymond Zondo has dismissed former SA Revenue Services boss Tom Moyane’s application to cross-examine Public Enterprises Minister Pravin Gordhan.
Zondo, who chairs the inquiry into State Capture, said that the test for cross-examination is whether it is necessary and relevant to the commission’s work
Zondo also found that Moyane’s affidavit does not adequately respond to the relevant parts of Gordhan’s testimony.
“The first requirement (for cross-examination) is that the statement or evidence of the witness whom he or she wishes to cross-examine implicates him or her. If he or she fails to show this, his or her application is defective,” said Zondo.
“[The rule] requires a statement responding to the witness statement in so far as it implicates him or her … [Moyane’s] statement does not at all respond to certain important parts of [Gordhan’s] statement which implicates him or does not respond adequately to some parts of [Gordhan’s] statement or evidence … Furthermore, I have also stated that rule 3.4 requires the statement of an applicant to make it clear which parts of the witness’s statement is disputed or denied and the grounds on which it is disputed or denied.”
Zondo added that Moyane did not clearly identify which parts of Gordhan’s statement he disputes or denies.
“Neither in his founding affidavit or in his supplementary affidavit did [Moyane] deal with the issue on why granting him leave to appeal is necessary and in the best interests of the work of the commission,” added Zondo in his judgment.
