Moyane gets his face-off with Gordhan

Deputy Chief Justice Raymond Zondo yesterday conditionally granted former Sars commissioner Tom Moyane’s application to cross-examine Public Enterprises Minister Pravin Gordhan – but it may come back to bite Moyane.

Zondo directed Moyane must give a statement in which he responds to allegations made by Gordhan to the effect Moyane was, in part, abusing “a legal process for his own personal goals” and that, as Sars commissioner, Moyane “sought to advance the state capture project”.

Moyane was also granted leave to cross-examine Gordhan, but has been restricted to questioning Gordhan on the above.

But the finding of the Commission of Inquiry into Tax Administration and Governance by Sars may count against Moyane.

The commission, chaired by retired Judge Robert Nugent, found Moyane “arrived without integrity and then dismantled the elements of governance one by one”.

“This was more than mere mismanagement. It was seizing control of Sars as if it was his to have,” Nugent wrote.

“In a tax collecting agency … the development of its sophisticated information technology, which has inbuilt checks, was summarily stopped, and the organisational structure of Sars, that provided oversight, was pulled apart.

“Dissent was stamped out by instilling distrust and fear. Accountability to other state authorities was defied.

“Capacity for investigating corruption was disabled. On the eve of his suspension, Mr Moyane was about to dismantle governance over the settlement of major tax disputes.”

It is likely Moyane will have to defend “what … can fairly be described as a premeditated offensive against Sars, strategised by … Bain & Company Inc … for Mr Moyane to seize Sars … Mr Moyane’s interest was to take control of Sars”, Nugent wrote in his damning findings.

Bain SA, under Vittorio Massone, Moyane and Jacob Zuma met on numerous occasions, Nugent found, before Moyane became Sars commissioner.

While Gordhan welcomed the news of a cross-examination, he said he, too, would be applying to cross-examine Moyane.

“Minister Gordhan welcomes that Mr Moyane must, finally, produce his full version on oath by January 15 on the identified issues,” spokesperson Sam Mokeli said in a statement.

“Today’s ruling by the Deputy Chief Justice will be a welcome opportunity for Mr Moyane to explain why he should not be held accountable for the ‘massive failure of integrity and governance at Sars’ and the ‘reckless mismanagement on the part of Mr Moyane’ that the Nugent commission established, occurred under his tenure.”

Moyane has until January 15 to comply with Zondo’s directive.

“Mr Moyane is happy to receive justice at last,” said his lawyer, Eric Mabuza.

“The long arm of the law eventually catches up with everyone.

“We look forward to Mr Gordhan’s opportunity to face the music.”