Former South African Revenue Service commissioner Tom Moyane – who has acquired the services of legal heavyweight advocate Dali Mpofu – has been denied leave to cross-examine Public Enterprises Minister Pravin Gordhan before the Zondo commission of inquiry into state capture.
This ruling was made by the commission chair, Deputy Chief Justice Raymond Zondo, on Tuesday.
He said having considered both the oral and written submissions presented by Moyane and Gordhan’s legal counsel he could not find why Moyane should be granted the opportunity to grill Gordhan, who last year revealed the animosity that had arisen between him and the former tax boss.
Zondo cited that after reading Moyane’s affidavit “carefully” he believed that “Moyane does not address why granting him leave to cross-examine Mr Gordhan is necessary and in the best interests of the functions of this commission”.
He added that Moyane’s failure to explain the extent to which he was implicated by the minister in allegations of state capture and to respond with an opposing version of allegations made against him as reasons why Moyane would not be granted leave to cross-examine Gordhan.
Zondo said the onus lay with the applicant, in this case Moyane, who sought to cross-examine Gordhan to show the commission where the minister had implicated him.
Zondo dismissed Moyane’s application to cross-examine Gordhan on all but one count.
The only issue on which Zondo was still to rule was Moyane’s accusation of malice against Gordhan in relation to the minister laying charges against him.
Zondo said he would “seek further input” on this before passing judgment.
Moyane applied to cross-examine Gordhan in March. This bid was strongly opposed by the minister.
The application came after Gordhan gave evidence to the Zondo commission about the apparent irregularity of Moyane’s alleged approval of New Integrated Credit Solutions being appointed as a debt collector at the revenue service.
Gordhan alleged that Moyane misled Parliament when he claimed not to have had any involvement in its appointment.