Daily News

Moyane pushes for third degree

Former Sars boss wants to state why he strongly disputes Pravin Gordhan’s explosive evidence against him

- LOYISO SIDIMBA

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.

 ??  ?? Tom Moyane
Tom Moyane

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