FORMER SA Revenue Service boss Tom Moyane has asked the Zondo Commission of Inquiry into State Capture to determine whether he or Public Enterprises Minister Pravin Gordhan broke the law and its code of conduct.Moyane’s advocate Dali Mpofu said in an application to cross-examine Gordhan that Moyane needed to be allowed to state why he disputes the former finance minister’s evidence which implicates him in wrongdoing, damages his legal interests, including his reputation and career prospects, and may expose him to criminal or civil proceedings.
“He (Gordhan) should come clean on these issues so that the commission can determine which of the two gentlemen broke the law and the code of conduct for the public administration as enshrined in section 195 of the Constitution,” read Moyane’s written submissions to the commission headed by Deputy Chief Justice Raymond Zondo.
Moyane accuses Gordhan of arrogantly failing to meet two deadlines to file papers opposing Moyane’s application to cross-examine the ANC national executive committee member.
According to Moyane, no explanation was given for being late and the delays prejudiced him.
“Such arrogant conduct signifies disrespect towards the commission, its chair and Moyane,” he said.
Moyane said Gordhan could afford to behave the way he did because taxpayers were footing the legal bill for his participation in the commission, whereas he had to pay out of his own pocket.
The former correctional services national commissioner has asked the commission to have Gordhan’s opposing papers “disregarded as pro non scripto (as if they had not been written) and/or an appropriate verbal sanction be meted out”.
Moyane also attacked Gordhan’s remarks on Muzi Sikhakhane, SC’s, panel that investigated the so-called Sars rogue unit.
Gordhan has been criticised by the inspector-general of intelligence, Setlhomamaru Dintwe, for displaying “arrogance in dealings with other law enforcement agencies”.
Dintwe has recommended criminal charges be investigated against Gordhan, former acting Sars commissioner Ivan Pillay, Johan van Loggerenberg and Peter Richter, also former Sars executives, for involvement in the covert unit.
Gordhan said Moyane was in possession of a classified, suspicious report, which was a criminal offence, without a meaningful 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.
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