Moyane launches fresh bid to cross-examine Gordhan

FORMER SA Revenue Service (Sars) commissioner Tom Moyane has launched a fresh bid to cross-examine Public Enterprises Minister Pravin Gordhan at the state capture inquiry, with Moyane’s advocate, Dali Mpofu, saying the request was based on “our right to fairness”.

“Somebody cannot come here and say Moyane is a state capturer and that person is immunised,” Mpofu told the inquiry.

This was Moyane’s second application after the first was dismissed in April by Deputy Chief Justice Raymond Zondo, who said Moyane failed to meet the requirements.

Gordhan had opposed that attempt and argued that the former commissioner simply wanted to use the public platform in an attempt to denigrate him.

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

Mpofu insisted that his client was aware that he was not automatically 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 that Moyane opened the criminal case based on two reports, the Sikhakhane report and the inspector general report, which focused on the rogue unit, in May 2015.

Advocate Michelle le Roux, who is representing Gordhan, insisted that her client was willing to appear for cross-examination if there was a need.

However, Le Roux argued that Moyane’s application should not be granted as it was an attempt to undo Zondo’s earlier ruling.

Le Roux said Gordhan had never testified that he knew what motivated Moyane when he opened a criminal case against him.

She insisted that Gordhan stated that Moyane’s actions had led to the Hawks investigation against him and attempts to remove him from office. Zondo reserved judgment.

The inquiry also heard yesterday that the crime intelligence secret service account was used to fund renovations for crime intelligence officials’ private homes and the purchase of luxury vehicles.

Crime intelligence officer Colonel Dhanajaya Naidoo concluded his fourth day of testimony yesterday.

He wrapped up his extensive evidence about the looting of the crime intelligence “slush fund”.

The fund was intended for operational work.

Naidoo told the commission that he was personally involved in claiming money from the account to fund the renovations at the home of former crime intelligence boss Richard Mdluli.

Another crime intelligence official also benefited from security upgrades worth R40 000 after her house was burgled.

“I am also aware of renovations carried out at the home of Mdluli in Dawnpark (Boksburg).

“Chair, this was also on instruction from General Lazarus, which saw the installation of electric fencing, security beams and an alarm system and camera.

“I know this because I put in the claim which totalled R200 000. The claim was put in my name,” he said.

Naidoo broke down in tears as he concluded his testimony. He testified via an audio link in a bid to protect his identity.

“I cannot go into much detail. But it has been extremely difficult for me and my family (being in witness protection).

“Our situation is very fluid, we live our lives on a month-to-month basis. I hope that my testimony will result in something positive.

“During my time in crime intelligence I made decisions which I regret. I am sorry for my actions.”