Former SA Revenue Service (Sars) commissioner Tom Moyane has submitted an affidavit to the state-capture inquiry paving the way for him to cross-examine Pravin Gordhan, his lawyer says.
In November 2019, the chair of the commission, deputy chief justice Raymond Zondo, granted Moyane leave to cross-examine Gordhan at the inquiry, but with conditions. He would first have to submit an affidavit giving his version of events by January 15 2020 before being given the chance to question the public enterprises minister.
Moyane will also be limited to questions regarding the criminal charges laid against Gordhan relating to the early pension payout of former Sars deputy commissioner Ivan Pillay and allegations that Moyane was involved in state capture.
The National Prosecuting Authority under Shaun Abrahams charged Gordhan in 2016 but later withdrew the charges.
Gordhan, in his evidence to the state-capture inquiry in 2019, accused Moyane of acting maliciously when he laid charges against him and said this was part of advancing state capture. Moyane’s lawyer, Eric Mabuza, on Friday said that his client had submitted his affidavit and urged the commission to set a date for the cross-examination as soon as possible.
The commission did not respond to questions from Business Day.
Nugent inquiry
This is the first time the former tax boss will give evidence under oath to an inquiry. Moyane refused to appear before retired judge Robert Nugent, who headed an investigation into governance failures at Sars. His lawyers made submissions to Nugent, asking that he halt the inquiry pending the outcome of the disciplinary process against him, but the request was denied.
Nugent found in his final report that Moyane lacked integrity and had colluded with consultant Bain & Co to implement a restructuring that severely weakened Sars.
Zondo said Moyane’s affidavit had to make it clear which allegations or statements by Gordhan he admits to or denies and what the basis for denying or disputing them is. He must also provide a full version of events with regard to the allegations.
Moyane’s first attempt to apply for permission to cross-examine Gordhan was dismissed earlier in 2019. At the time Zondo found that Moyane’s affidavit did not adequately respond to the relevant parts of Gordhan’s testimony and did not clearly identify which parts of the minister’s statement he disputed or denied.
After Zondo’s latest decision to grant Moyane permission to cross-examine Gordhan, the minister said he would also apply to question the former Sars boss.
The minister is in the middle of a court battle with public protector Busisiwe Mkhwebane over her findings in relation to Pillay’s early pension.
In 2019, Mkhwebane found that Gordhan had acted improperly when he approved Pillay’s early pension payout and instructed President Cyril Ramaphosa to take disciplinary action against him for "violating the constitution". The minister is in the process of taking the report on judicial review.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.