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Moyane v Gordhan: Former SARS boss to cross-examine public enterprises minister

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Moyane v Gordhan: Former SARS boss to cross-examine public enterprises minister

Photo by Reuters
Public Enterprises Minister Pravin Gordhan

30th November 2020

By: News24Wire

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Public Enterprises Minister Pravin Gordhan is expected to take the hot seat at the commission of inquiry into state capture on Monday.

Gordhan will be taking questions from axed South African Revenue Service (SARS) commissioner Tom Moyane.

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The commission announced on Sunday that it will hear cross-examination of the minister by Moyane.

The commission will also hear testimony from Athol Williams, a partner at BAIN SA.

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The cross-examination comes after Gordhan failed to appear before the commission's chairperson, Deputy Chief Justice Raymond Zondo.

In August, when scheduled to appear, Gordhan said he had Cabinet commitments, which left Zondo fuming.

He asked the minister's lawyer, Nonhlanhla Mbatha, what could be more important than appearing before the commission.

At the time, Zondo complained that the commission was marred by delays.

Appearing

"… mere Cabinet commitments can't be more important than appearing before this commission. There would need to be something more than just mere Cabinet commitments. This commission has got a very limited time to finish its work and Cabinet commitments are work like everybody's work commitments," Zondo said.

Moyane was granted leave to cross-examine Gordhan on whether, in laying criminal charges against the minister, he acted maliciously, whether he was motivated wholly, or in part by, or sought to advance state capture, or whether he was abusing a legal process.

Gordhan will be questioned whether, as SARS commissioner, Moyane sought to advance the state capture project and whether Moyane's "personal goals" while commissioner included the advancement of the state capture project.

Moyane's lawyers approached Zondo last year to ask permission, claiming Gordhan's testimony against Moyane was "unsubstantiated" and not in the interest of fairness.

In 2016, Moyane laid criminal charges against Gordhan with regard to former commissioner Ivan Pillay's pension payout.

The matter was later withdrawn.

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