Former South African Revenue Service (SARS) boss Tom Moyane has been granted leave to cross-examine SARS Commissioner and current Public Enterprises Minister Pravin Gordhan at the public inquiry into State capture.
Commission chairperson Deputy Chief Justice Raymond Zondo ruled that Moyane be granted leave to cross-examine Gordhan on condition Moyane files an affidavit in which he addresses certain allegation Gordhan made against him.
Moyane’s leave to cross-examine Gordhan emanates from allegations by the minister that the former Sars boss acted with malice when he laid a criminal complaint against Gordhan.
Judge Zondo said alleging someone performed his or her duties to advance the state capture project is a serious allegation.
“Mr Moyane has been granted leave to cross-examine Gordhan on a) Whether in laying the criminal charges or complaint against Gordhan, Moyane acted maliciously b) whether in laying the criminal charges against Gordhan, Moyane was motivated wholly or in part by, or, he sought to advance the objectives of state capture,” Zondo said.
Moyane’s lawyers approached the commission in October and implored Zondo to grant their request unconditionally, because “Gordhan’s claims are unsubstantiated” and not in the interests of fairness.
“The issue of fairness is central to this. There was a general outcry after the first ruling, but the point is, with the greatest respect, that this notion that people are above being cross-examined should be dispelled.
“We accept that there is no right to cross-examine, but there is a right to fairness. A person cannot come here and say that Moyane is an ‘advancer’ of State capture and then he is immunised from being cross-examined,” advocate Dali Mpofu SC previously argued before the commission.
Judge Zondo previously denied Moyane leave to cross-examine the public enterprises minister in April.
The DCJ cited that the five themes presented by Moyane in his application failed to show how Gordhan had implicated him through his statement in allegations of State capture and that he had failed to show why these themes would serve in the best interests of the work of the Commission.
However, Zondo requested supplementary affidavits on an issue involving the National Treasury in which Gordhan alleged that Moyane had laid charges against him with the Hawks relating to the so-called Sars “rogue unit” while he was finance minister.
Moyane has until January 15, 2020, to respond to Gordhan’s clarificatory affidavit.
“Mr Moyane is pleased to [have] received justice. It has been a long road. We are looking forward to Gordhan coming forward to explain his statement that Moyane sought to advance the objectives of State capture,” Moyane’s attorney Eric Mabuza said after Monday’s ruling,
Zondo is yet to pronounce dates for the sitting.