Johannesburg – Deputy chief justice Raymond Zondo has dealt a blow to former Sars commissioner Tom Moyane’s battle with Public Enterprises Minister Pravin Gordhan by dismissing his application to cross-examine.
“In regard to all other issues the applicant’s application falls to be dismissed,” said Zondo.
Zondo read out his ruling regarding Moyane’s application to cross-examine Gordhan on Tuesday and detailed why he chose not to grant Moyane permission to question Gordhan.
Gordhan had appeared at the inquiry last year and spoke about state capture and his battle with Moyane while he was finance minister. He implicated Moyane in three instances.
Zondo began by reading the commission’s rules which guide his decision on whether to allow for cross-examination. The rules do that automatically entitle an implicated individual to cross-examine a witness. The discretion falls on Zondo after he has considered the application whether he will allow for cross-examination.
A set of ground rules need to be checked in an applicant’s application before he or she could be granted permission to cross-examine. The ultimate test is whether granting permission is in the best interest of the commission’s work and mandate.
Zondo pointed out that Moyane’s application came across as if he felt he was entitled to cross-examine Gordhan. The chairperson said Moyane failed to point out where in Gordhan’s statement he has been implicated. Zondo said Moyane’s application should have made it clear where in Gordhan’s statement he had been implicated and for him to provide his own version.
Moyane also failed to detail why granting him permission would be in the best interests of the commission.
Zondo detailed various parts of Moyane’s affidavit where he makes outlandish comments about Gordhan. The various areas Moyane wanted to cross-examine Gordhan was broken down into themes which include the rogue unit, racism allegations against Gordhan and allegations that he lied about his involvement in irregularly awarding a tender contract.
Zondo said the only area where he still had questions was regarding Gordhan’s possible assertions that in Moyane opening a criminal case against him he had done so with a malicious intention. The chairperson has asked for both Gordhan and Moyane’s legal team to submit documents regarding this aspect.