Zondo denies Moyane leave to cross-examine Gordhan

2019-04-16 12:25
Tom Moyane. (Morapedi Mashashe)

Tom Moyane. (Morapedi Mashashe)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Deputy Chief Justice Raymond Zondo has denied axed SARS commissioner Tom Moyane leave to cross-examine Public Enterprises Minister Pravin Gordhan, while one issue remains reserved for further "clarification".

"Any witness appearing before the commission may be cross-examined by a person, should the chair deem it necessary and in the best interests of the function of the commission," Zondo said in his judgment at the commission of inquiry into state capture on Tuesday.

"The true test is whether it is necessary, or if it serves in the best interests of the commission," he added.

Zondo found that the five themes presented by Moyane in his application failed to show how Gordhan had implicated him through his statement on 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.

ALSO READ:  #StateCaptureInquiry: Tom Moyane applies to cross-examine Pravin Gordhan

As a result, his application to cross-examine Gordhan was dismissed. Zondo does, however, intend to get further clarification on an issue involving National Treasury, where Gordhan alleged that Moyane had pressed charges against him with the Hawks relating to the so-called SARS "rogue unit" while he was finance minister.

The decision comes after the commission heard Moyane's application for leave to cross-examine Gordhan in March, after Gordhan implicated him in testimony in November last year.

Moyane's advocate Dali Mpofu said Moyane's cross-examination of Gordhan was important, News24 earlier reported.

Mpofu read from Moyane's submission: "Under this theme, my version is that Minister Gordhan's affidavit is more significant for what it omits, than what it says. The omitted facts will give a truer picture of the commission about what actually went on behind the scenes."

Gordhan's legal team, in response, argued that Moyane's bid was merely a means to rehabilitate his career through the inquiry into alleged state capture.

ALSO READ: 'Discredited' Moyane using state capture inquiry to 'rehabilitate' his career - Gordhan's legal team

"Mr Moyane very explicitly tells you that he is here to rehabilitate his reputation and career prospects… he is asking for your help to rehabilitate his discredited name," advocate Michelle Le Roux previously argued before the commission.

Responding to Le Roux's submissions, Mpofu said, if anything was going to discredit the commission it was the idea that it was acceptable for Gordhan - "the boss" - to come before the commission and cast aspersions on Moyane - "the subordinate" character - but it was not acceptable for Moyane to defend himself.

Direction will be given to both parties regarding an issue relating to the National Treasury - both parties will be expected to make written submissions on whether Gordhan's submissions that by laying charges against him, Moyane did so with malice.

The inquiry continues on Tuesday, with former IPID head Robert McBride back on the stand.

KEEP UPDATED on the latest news by subscribing to our FREE newsletter.

- FOLLOW News24 on Twitter

Read more on:    sars  |  pravin gordhan  |  tom moyane  |  state capture inquiry
NEXT ON NEWS24X

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

Inside News24

 
Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.