Moyane denied leave to cross-examine Gordhan

Deputy Chief Justice Raymond Zondo this week drew a line under erstwhile tax commissioner Tom Moyane’s bid to ventilate the South African Revenue Service (Sars) “rogue unit” allegations at the commission of inquiry into state capture.

On Tuesday, Zondo said Moyane would not be allowed to cross-examine Public Enterprises Minister Pravin Gordhan on the formation of the high-risk intervention unit, the so-called rogue unit, which Moyane insists was unlawful. “The applicant has not shown … why it is necessary or in the best interest of the function of the commission that he should be granted leave to cross-examine Mr Gordhan.”

Although Moyane’s application was, by and large, dismissed by Zondo, he reserved his decision on one aspect: the allegation that Moyane had an ulterior motive when he laid charges relating to the unit against Gordhan. Zondo asked for further submissions about allegations of malice on the part of Moyane when he laid charges against Gordhan, then the minister of finance, in 2015.

“When one reads Mr Gordhan’s founding affidavit there are places where one gets the impression that he may be suggesting that in laying charges against him, the applicant was part of a scheme that sought to capture treasury,” Zondo said.

Moyane’s counsel, Dali Mpofu SC, wrote that Gordhan’s “conduct is misleading this commission into believing that Mr Moyane was motivated by malice in reporting the matter to the police”. Mpofu added this “is not only unlawful but constitutes another attempt falsely to accuse Mr Moyane of wrongdoing”.

In an affidavit supporting his application, Moyane suggests “the role of the rogue unit” as a key theme for the cross-examination of Gordhan.

“If, in the criminal proceedings, the rogue unit is subsequently and once again proven to have existed, unlawfully so, then the entire cover of Gordhan, the archangel, will have been blown, including all its manifestations, lies and distortions all contained in his affidavit to this commission in one way or the other,” Moyane said.

He attached the report by Muzi Sikhakhane SC, as well as a still-classified 2014 report on the unit by the then inspector general of intelligence, Faith Radebe, to his application. Both reports found that Sars did not have the legal powers to gather intelligence.

In response to Moyane’s application, Gordhan accused Moyane of “trying to resuscitate and revive the so-called ‘rogue unit’ narrative”. He further contended that allegations relating to the unit are not within the commission’s terms of reference.

Gordhan referenced the Sars commission report, in which judge Robert Nugent said he could not find any reason to believe the unit was unlawfully established.

Sarah Smit
Sarah Smit
Sarah Smit is a general news reporter at the Mail & Guardian. She covers topics relating to labour, corruption and the law.

Aggett tormentor had a ‘morbid’ obsession — Barbara Hogan

The former minister told the inquest into the trade unionist Neil Aggett’s death that security branch interrogator Stephan Whitehead was voyeuristic

ANC and the state step back from taking action against...

Despite alleged abuses of power and people’s trust, the ANC appears to have abandoned plans to reform the controversial Ingonyama Trust Board

Press Releases

UKZN scientists make the grade

Dr Veron Ramsuran and Dr Lenine Liebenberg have been named in the African Academy of Science's top 40 list.

Wellcome Trust award goes to UKZN mental health champion

Dr Andr? J van Rensburg, a senior researcher in UKZN's Centre for Rural Health, received the Wellcome Trust Discretionary Award.

MTN gears up to deliver improved customer service

On 28 January, the first batch of MTN contract customers will be migrated onto the new customer service platform.

Request for expression of interest on analysis of quality and outcome indicators for regional and district hospitals in Lesotho

Introduction The Ministry of Health of Lesotho with the support of the World Bank funded Nutrition and Health Systems Strengthening...

MiX Telematics enhances in-vehicle video camera solution

The company has launched the gold MiX Vision Bureau Service, which includes driver-coaching tools to ensure risky driver behaviour can be addressed proactively and efficiently.

Boosting safety for cargo and drivers

The use of a telematics system for fleet vehicles has proved to be an important tool in helping to drive down costs and improve efficiency, says MiX Telematics Africa.

Silencing the guns and firearms amnesty

Silencing the guns and firearms amnesty

Gender-based violence is an affront to our humanity

Gender-based violence is an affront to our humanity