Public enterprises minister Pravin Gordhan has welcomed the decision by the chairperson of the state capture commission of inquiry on Monday granting former South African Revenue Service (Sars) commissioner Tom Moyane’s application to cross-examine him on condition that he submit an affidavit, which addresses the allegations against him.
Permission was granted on Monday for Moyane to cross-examine Gordhan.
“Today’s ruling by the deputy chief justice [Raymond Zondo] will be a welcome opportunity for Mr. Moyane to explain why he should not be held accountable for the ‘massive failure of integrity and governance at Sars’ and the ‘reckless mismanagement on the part of Mr Moyane’ that the Nugent inquiry established occurred under his tenure,” said the ministry.
“Minister Gordhan’s counsel will similarly apply to the chairperson of the judicial commission of inquiry into state capture to cross-examine Mr. Moyane.”
Gordhan said he could only be cross-examined on the limited issue of Moyane’s motivation to file criminal complaints against him in 2015. That case related to Gordhan approving early retirement for former Sars deputy commission Ivan Pillay, but the case was withdrawn a year later.
The minister was particularly pleased that Moyane should provide an affidavit of his own, saying the former Sars boss refused to testify at both the Nugent commission of inquiry and the state capture commission.
He said this would be an opportunity for Moyane to explain why he should not be held accountable for the finding of the Nugent commission of a massive failure of integrity and governance at Sars.
Gordhan said his counsel would also apply to cross-examine Moyane.
While we welcome the judgment by Deputy Chief Justice Raymond Zondo that allows #TomMoyane to cross examine Pravin Jamnandas Gordhan, we are worried about terms&conditions accompanying this judgment. Such terms should b applied not only to Comrade Jamnandas #StateCaptureInquiry pic.twitter.com/wIuaYn5RdS
— Sanele Sano Ngcobo🇿🇦 (@sanosanele) November 25, 2019