Zondo reserves decision in Moyane’s application to cross-examine Minister Gordhan

The chairperson of the commission of inquiry into state capture, Deputy Chief Justice Raymond Zondo, has reserved his decision on sacked SA Revenue Service (Sars) commissioner Tom Moyane’s application to cross-examine Public Enterprises Minister Pravin Gordhan.

Moyane was represented by advocate Dali Mpofu who made the application at the commission on Wednesday and Gordhan was represented by advocate Michelle le Roux.

Le Roux submits that Judge Nugent has made finding on the SARS issues, "If Moyane has issues with those issues, he must take the report on review". #StateCaptureInquiry

— State Capture Commission (@StateCaptureCom) March 13, 2019

Zondo said he “may ask the parties to deal with any other issues that may arise when I look at the matter”.

Zondo says his understanding to the rules, the implicated must state his version to the parts he is disputing and put his version. Mpofu says they identified the parts that are responding to and other versions that were not clear in the statement of Gordhan. #StateCaptureInquiry

— State Capture Commission (@StateCaptureCom) March 13, 2019

Mpofu states that the assumption of course is that there are three things that are going to happen before Mr Moyane puts up his version. There will be this application, statement taken by evidence leaders and the evidence itself that he must lead. #StateCaptureInquiry

— State Capture Commission (@StateCaptureCom) March 13, 2019

Zondo suggested that Monyane submit answering affidavit that clearly lays out his version. #StateCaptureInquiry

— State Capture Commission (@StateCaptureCom) March 13, 2019

Mpofu says there is no doubt that Gordhan implicates Moyane. He says the commission invited his client because they are an implicated party. #StateCaptureInquiry

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— State Capture Commission (@StateCaptureCom) March 13, 2019

Gordhan was opposed to Moyane’s application reportedly on the grounds that the former revenue boss is helping advance the Economic Freedom Fighters (EFF) political campaign against him.

Mpofu says the notice they received states that Moyane is implicated in relation to tender fraud and lying to parliament. #StateCaptureInquiry

— State Capture Commission (@StateCaptureCom) March 13, 2019

The minister’s opposition to Moyane’s application has drawn widespread criticism on social media. Gordhan has been accused of “wanting to be treated differently” from other witnesses before the commission.

Zondo says reading affidavit of Mr Moyane he struggled to find his version in relation to the allegations put forward by Gordhan. #StateCaptureInquiry

— State Capture Commission (@StateCaptureCom) March 13, 2019

Gordhan and the EFF leadership have been at each other’s throats since last year, laying criminal charges against each other.

Mpofu argus that the allegation put forward by Gordhan implicated Moyane in amount of criminal activity. #StateCaptureInquiry

— State Capture Commission (@StateCaptureCom) March 13, 2019

The red berets accused Gordhan of corruption that it said extended to his family.

Mpofu says Moyane can only clear his name by cross examination. #StateCaptureInquiry

— State Capture Commission (@StateCaptureCom) March 13, 2019

The EFF took its protests against Gordhan to the state capture commission venue in November last year, calling on the minister to resign while the latter was inside giving testimony.

Mpofu submits that Zondo might find that it is Gordhan that must be charged with treason based on Moyane's submission. #StateCaptureInquiry

— State Capture Commission (@StateCaptureCom) March 13, 2019

EFF leader Julius Malema went as far as calling the minister a “dog” in service of white monopoly capital.

The commission now hear submissions from counsel for Mr Gordhan. Adv Michelle Le Roux says Moyane want to resuscitate the Rogue unit issues. She says the SARS issues have been dealt with at the Nugent commission. #StateCaptureInquiry

— State Capture Commission (@StateCaptureCom) March 13, 2019

Gordhan, in turn, approached the Equality Court, asking it to determine whether Malema’s utterances constituted hate speech. He demanded an unconditional apology and damages of R150,000 from Malema and his deputy Floyd Shivambu.

Le Roux submits that Judge Nugent has made finding on the SARS issues, "If Moyane has issues with those issues, he must take the report on review". #StateCaptureInquiry

— State Capture Commission (@StateCaptureCom) March 13, 2019

In his testimony, Gordhan told the Zondo commission that former president Jacob Zuma was ”hellbent” on appointing Moyane as Sars commissioner, ignoring advice that there were more skilled and credible candidates for the job.

Zuma appointed Moyane in 2013 to replace Oupa Magashula, who had resigned after a recording surfaced in which he was heard promising a young woman a top post at the revenue collector.

Gordhan told the inquiry that Zuma hastened the appointment and would not hear of any other candidates other than Moyane, whom he said was not subjected to competency processes.

The Nugent-led commission of inquiry that looked into the governance and structural failures at Sars in 2018 found that Moyane was reckless in his management of Sars.

Moyane, who had been on suspension pending the inquiry, was fired by President Cyril Ramaphosa as recommended in the Nugent report.

Watch the proceedings live:

(Compiled by Makhosandile Zulu, additional reporting done by ANA)

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