State Capture Commission of Inquiry chairperson Deputy Chief Justice Raymond Zondo. Picture: Karen Sandison/African News Agency (ANA)

Johannesburg - Deputy chief justice Raymond Zondo will on Tuesday morning rule on whether to grant former Sars commissioner Tom Moyane’s application to cross-examine Public Enterprises Minister Pravin Gordhan.

Zondo had in March heard arguments from Moyane's legal representative advocate Dali Mpofu on why he should be granted permission to cross-examine Gordhan.

Gordhan had testified last year at the inquiry and implicated Moyane saying he had lied to Parliament about his involvement in the awarding of a debt collection tender at Sars.

Mpofu argued that Moyane had to be granted permission to question Gordhan because he is the one that is corrupt and there remain questions of his alleged involvement in a rogue unit at Sars.

Mpofu said the only way Moyane would be able to defend himself is if he is allowed to cross-examine Gordhan and also provide his own version of events. Mpofu said Gordhan had been hostile to Moyane and was racist toward him. He also argued that the allegations of a rogue unit at Sars need to be heard by the Zondo commission.

"Our take chair, given the broad mandate of the commission, if Gordhan as Moyane suggests, was involved in criminal activity around the rogue unit that comes directly to the meat of this commission. State capture is just a phrase that we created, but state capture talks about the creation of a parallel state.


"There is no difference in that and setting up a rogue unit which would spy on citizens. it is a parallel state that you are creating and that falls within the mandate of the commission,” said Mpofu.

Moyane said he is willing to appear before the inquiry and give his version of events.

Gordhan’s legal representative Advocate Michelle Le Roux argued against Moyane’s application.

Le Roux said Moyane’s arguments to cross-examine were weak and that it was clear that Moyane was trying to reignite his claims of a rogue unit which were already dealt with by the Nugent commission. The Nugent commission, chaired by retired Judge Robert Nugent, found that there was no evidence of a rogue unit at Sars.

Le Roux said the Nugent commission had already found that Moyane did lie about his involvement in the Sars debt tender. She argued strongly against Zondo allowing Moyane to delve into issues that had already been addressed, she said if Moyane wants to challenge the Nugent commission’s findings he needs to take the report on review.

Later on Tuesday morning the commission will continue hearing evidence of former Ipid boss Robert McBride.