Former Sars commissioner Tom Moyane Picture: Sizwe Ndingane/African News Agency (ANA)

Johannesburg - Former Sars commissioner Tom Moyane has been granted leave to cross-examine Public Enterprises Minister Pravin Gordhan. 

Chairperson deputy chief justice Raymond Zondo made the ruling on Monday. Moyane will be given a timeframe to his questioning and he will be allowed to question the minister on a few issues regarding his testimony. 

Gordhan had appeared at the inquiry last year and implicated Moyane in his testimony. He accused Moyane of acting to serve the state capture agenda when he opened a criminal case against him regarding the establishment of the Sars “rogue unit”. 

Advocate Dali Mpofu argued that his client was well within his rights to be allowed to question Gordhan regarding his accusations that he acted with “malice” when he opened the criminal case against him. 

Mpofu insisted that his client was aware that he was not entitled to cross-examine Gordhan, but fairness should be applied and that he had the right to challenge the accusations made by Gordhan. 

Mpofu said contrary to Gordhan’s statement, that Moyane was motivated by “malice” when he opened the criminal case, his client relied on a string of reports, the Sikhakhane report and the inspector general report which focused on the rogue unit, when he opened the case in May 2015. 

The issue of malice, as mentioned in Gordhan's statement, had also raised Zondo's interest and largely motivated his decision to grant Moyane permission to cross-examine. 

When arguments were made last month, Zondo found an issue with Gordhan’s statement which presumed that Moyane had “malicious” intentions when he opened a criminal case against him and was aiding state capture. 

“If Mr Gordhan had stopped and said I do not know what was in his (Moyane’s mind) when he laid the charges and I am not saying he acting maliciously, then that would amount to saying there is no issue and need to grant leave to cross-examine. The problem is he went further and said he believes Mr Moyane abused the legal process and he abused this in furtherance of state capture – that complicates things,” Zondo said.

These are the issues Moyane will be allowed to question Gordhan; 

  • Whether in laying the criminal charges against Gordhan, Moyane acted maliciously.
  • Whether in laying the criminal charges complaint against Gordhan, Moyane was motivated wholly or partly, by or in part, he sought to advance the objectives of state capture. 
  • Whether Moyane was abusing legal process for his own personal gain when he laid the criminal complaint. 
  • Whether Moyane sort to advance the state capture project. 

Moyane will also have to provide the commission with an affidavit stating his version. A date will be set for the cross-examination.

IOL