Moyane pushes for third degree
Former Sars boss wants to state why he strongly disputes Pravin Gordhan’s explosive evidence against him
FORMER SA Revenue Service (Sars) boss Tom Moyane has asked the commission of inquiry into state capture to determine who between him and Public Enterprises Minister Pravin Gordhan broke the law and the public service’s code of conduct.
In his application to cross-examine Gordhan, Moyane’s advocate, Dali Mpofu, said his client must be allowed to state why he strongly disputes the former finance minister’s evidence which implicates him in wrongdoing, damages his legal interests, including his reputation, and may expose him to criminal or civil proceedings.
”He (Gordhan) ought to come clean on these issues in order for the commission to determine which of the two gentlemen broke the law and the code of conduct,” read Moyane’s written submissions to the commission.
Moyane accuses Gordhan of being arrogant for failing to meet two deadlines to file his papers opposing Moyane’s application to cross-examine the ANC national executive committee member.
According to Moyane, no explanation for the lateness was given, no application for condonation was made and that the delays were highly prejudicial to him.
Moyane said Gordhan could afford to behave as he did because the State and the taxpayers were footing his legal bill for his participation in the commission while he has to pay from his own pocket.
Moyane has asked the commission to have Gordhan’s opposing papers to be “disregarded as pro non scripto (as if they had not been written) and/ or an appropriate verbal sanction be meted out”.
Mpofu said Moyane could not be as arrogant as Gordhan to think that his version was unassailable.
”If it’s good for (late former) president Nelson Mandela, surely it is good for Gordhan,” he said, referring to the case more than two decades ago when the global icon appeared in court in his administration’s dispute with rugby authorities over the appointment of a commission of inquiry.
Moyane also attacked Gordhan’s remarks about Muzi Sikhakhane SC’s panel, which investigated the so-called Sars rogue unit.
Gordhan has been slammed by inspector-general of intelligence Dr Setlhomamaru Dintwe for displaying “arrogance in its dealings with other law enforcement agencies”.
Dintwe recommended that criminal charges be investigated against Gordhan, former acting Sars commissioner Ivan Pillay, Johan van Loggerenberg and Peter Richter, who are also former Sars executives, for the establishment of the covert unit.
Gordhan said Moyane was in unauthorised possession of a classified, suspicious report, which is a criminal offence, without a meaningful and fulsome explanation of how he lawfully received it.
He has described Moyane’s application to cross-examine him as a poorly disguised attempt to use the commission as a political platform through his legal representatives.
”It seeks to use the commission to advance a political campaign against me, led by a political party whose senior office bearers include Moyane’s legal representative, as well as the deponent to an affidavit on which he relies heavily,” Gordhan stated in his affidavit.
He said the application served no purpose other than to afford a disgruntled Moyane a public platform to attempt to denigrate him and his record of public service through cross-examination, using conspiracy theories and a racist political script in pursuit of a vendetta against him.
Mpofu accused Gordhan’s advocate, Michelle le Roux, of a racist attack on the commission by elevating the findings of the inquiry into Sars chaired by retired Supreme Court of Appeal Judge Robert Nugent, which recommended that Moyane be axed.
Mpofu told the commission’s head, retired judge Raymond Zondo, that Moyane intended to take the Nugent inquiry report on a high court review.