Former SA Revenue Service (Sars) commissioner, Tom Moyane. Picture: Jacques Nelles
The cross-examination of Public Enterprises Minister Pravin Gordhan by former South African Revenue Service (Sars) boss Tom Moyane at the Commission of Inquiry into State Capture is expected to commence at 11.30 am.
The chairperson of the commission, Deputy Chief Justice Raymond Zondo, adjourned the proceedings to allow the evidence leader advocate Matthew Chaskalson an opportunity to go through Gordhan’s clarificatory affidavit.
Chaskalson is expected to lead Gordhan in the said affidavit ahead of Moyane’s cross-examination of the minister, which will be done by advocate Dali Mpofu.
Commission adjourns for a short break until 11:30 as Franklin (Evidence leader) is not well today and Mr. Chaskalson has stepped in to assist and therefore he needs sometime to go through some issues relating to today’s session. #StateCaptureInquiry
— State Capture Commission (@StateCaptureCom) November 30, 2020
The commission announced on Sunday that it would hear the cross-examination of the minister by Moyane.
The commission will also hear testimony from Athol Williams, a partner at Bain & Company SA.
The cross-examination comes after Gordhan previously failed to appear before the commission’s chairperson, Deputy Chief Justice Raymond Zondo.
The Commission will hear cross examination of Minister Pravin Gordhan by Mr Tom Moyane tomorrow at 10:00. #StateCaptureInquiry pic.twitter.com/lMkSohyutR
— State Capture Commission (@StateCaptureCom) November 29, 2020
In August, when scheduled to appear, Gordhan said he had Cabinet commitments, which left Zondo fuming.
He asked the minister’s lawyer, Nonhlanhla Mbatha, what could be more important than appearing before the commission.
At the time, Zondo complained that the commission was marred by delays.
Appearing
“… mere Cabinet commitments can’t be more important than appearing before this commission. There would need to be something more than just mere Cabinet commitments. This commission has got a very limited time to finish its work and Cabinet commitments are work like everybody’s work commitments,” Zondo said.
Moyane was granted leave to cross-examine Gordhan on whether, in laying criminal charges against the minister, he acted maliciously, whether he was motivated wholly, or in part by, or sought to advance state capture, or whether he was abusing a legal process.
Gordhan will be questioned whether, as Sars commissioner, Moyane sought to advance the state capture project and whether Moyane’s “personal goals” while commissioner included the advancement of the state capture project.
Moyane’s lawyers approached Zondo last year to ask permission, claiming Gordhan’s testimony against Moyane was “unsubstantiated” and not in the interest of fairness.
In 2016, Moyane laid criminal charges against Gordhan with regard to former commissioner Ivan Pillay’s pension payout.
The matter was later withdrawn.
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