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Deepening Democracy through Access to Information

Zondo to announce decision on Moyane's bid to cross-examine Gordhan

12th April 2019 BY: News24Wire
Deputy Chief Justice Raymond Zondo
Photo by: Reuters
Deputy Chief Justice Raymond Zondo

Deputy chief justice Raymond Zondo says he will on Tuesday announce his decision on whether former South African Revenue Service (Sars) boss Tom Moyane should be granted leave to cross-examine Public Enterprises Minister Pravin Gordhan.

Zondo announced this on Friday morning before the testimony of former Independent Police Investigative Directorate (IPID) head Robert McBride.


Last month, the commission heard Moyane's application for leave to cross-examine Gordhan. Moyane's advocate Dali Mpofu said Moyane's cross-examination of Gordhan was important.

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."


Mpofu argued that it is "common cause that Gordhan is the first to testify against Moyane in the Sars inquiry".

According to Gordhan, Moyane had been "malicious" in bringing the rogue unit charges against him. But Moyane has insisted that he was right to bring the charges, Mpofu said.

The advocate also told Zondo that he should take into account the recent high-level panel report about the parallel state that was created in intelligence structures.

"Now, that report incidentally says that the people who were involved in that parallel state creation must be charged, I think, with treason. "Here Mr Moyane is saying Mr Gordhan was involved in exactly similar conduct in respect of a rogue unit.

"But the impression we are given is that the other people who did exactly the same thing must be charged with treason, but Mr Gordhan must be given a hug. For doing the exact same thing..." Mpofu argued.

Mpofu said if it (Moyane's version) was correct, one might "find that it is Mr Gordhan who must be charged with treason".

Mpofu also claimed that there was a documented and unchallenged history of racism from Gordhan. He told Zondo that Moyane was willing to present his own version to the commission.

However, Gordhan's advocate Michelle Le Roux argued that Moyane was using the commission for "rehabilitation". 

"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." 

Gordhan has submitted that Moyane's application is a "poorly disguised attempt" to use the inquiry as a political platform through his legal representatives.

Le Roux also argued that Moyane needed to present a version that could be tested.

"You need a version from Mr Moyane first in order to test [it], which we simply don't have," she said at the time. 

EDITED BY: News24Wire