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State Capture Commission of Inquiry chairperson, Deputy Chief Justice Raymond Zondo has granted former revenue service commissioner, Tom Moyane leave to cross-examine Public Enterprises Minister Pravin Gordhan but this will happen under certain conditions.
Moyane has until January 15 2020 to respond to Gordhan’s clarificatory affidavit after which he can cross-examine the public enterprises minister.
In his ruling handed down on Monday, Zondo ruled that Moyane could only cross-examine on certain “unsubstantiated” claims against him that were deemed by the latter’s lawyers as “not in the interests of fairness”.
Although Gordhan has, through his lawyers, maintained that he did not accuse Moyane of acting maliciously, Zondo explained that he relied on statements where the minister said the criminal complaint Moyane laid against him had nothing to do with a legitimate complaint about crime and was an abuse of process.
According to Zondo, after having taken into consideration the commission’s terms of reference, he reached the conclusion that it was in the commission’s interests to allow Gordhan to be cross-examined.
“It is necessary for this commission to hear Moyane’s version or his side of the story,” said Zondo.
The only catch was that Moyane would have to comply with the conditions.
The areas of interest would be whether, in accordance to Gordhan’s testimony before the commission last year, Moyane acted maliciously by laying criminal charges against Gordhan.
The former Sars commissioner’s legal team also seeks to clarify whether he [Moyane] was as alleged by Gordhan motivated wholly or in part by or sought to advance state capture.
Another contentious issue that Zondo has allowed to be cross-examined was whether Moyane, while holding the position of revenue service commissioner, sought to advance the state capture project.
Judge Zondo previously denied Moyane leave to cross-examine Gordhan in April, ruling that the former did not clearly identify which parts of Gordhan’s statement he disputed or denied.
This led to Moyane’s legal representative Dali Mpofu last month making another appeal for his client to be allowed to cross-examine Gordhan at the commission. Subsequent to this, Zondo requested supplementary affidavits on one theme – for clarification purposes.
The commission chair was partially interested on the contention of malice by both parties regarding National Treasury. Gordhan alleged that Moyane had laid charges against him with the Hawks relating to the so-called South African Revenue Service “rogue unit” while he was finance minister, and this was merely done to benefit state capture.
These charges, Gordhan maintained, led to a political campaign against him.
While Moyane’s lawyers hope they will be granted a day to cross-examine Gordhan, Zondo is yet to determine the time frame.
Moyane alleged these accusations were “insubstantial” and a direct attack on his character.
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