Former SARS boss’ application to cross examine Minister Gordhan at the Zondo Commission inquiry into State Capture has been declined by Judge Zondo.
On Tuesday, 16 April 2019, deputy chief justice Raymond Zondo denied former South African Revenue Service (SARS) commissioner Tom Moyane leave to cross-examine Public Enterprise Minister Pravin Gordhan at the Zondo Commission of inquiry into State Capture.
Moyane applied for leave to cross-examine Gordhan at the commission after the latter implicated him in his testimony in 2018. Gordhan is opposing the application on the grounds, among others, that Moyane was advancing the Economic Freedom Fighters’ (EFF’s) political campaign against him.
Zondo spent most of Tuesday morning highlighting the commission’s rules. In doing so, Zondo explained that the test for cross-examining to be granted investigates whether it is necessary and relevant to the commission’s work.
“The first requirement (for cross-examination) … is that the statement or evidence of the witness whom he or she wishes to cross-examine implicates him or her. If he or she fails to show this, his or her application is defective.
“In applying the rules as discussed above … The first issue of [Moyane’s] application is whether as required by rule 3.3, [Moyane] has shown that he is implicated in [Gordhan’s] statement or evidence … [Moyane] has not shown that he is implicated in [Gordhan’s] statement or evidence,” Zondo said.
The commission also found that Moyane’s affidavit did not adequately respond to the relevant parts of Gordhan’s testimony.
“[The rule] requires a statement responding to the witness statement in so far as it implicates him or her … [Moyane’s] statement does not at all respond to certain important parts of [Gordhan’s] statement which implicates him or does not respond adequately to some parts of [Gordhan’s] statement or evidence … Furthermore, I have also stated that Rule 3.4 requires the statement of an applicant to make it clear which parts of the witness’s statement is disputed or denied and the grounds on which it is disputed or denied,” Zondo said.
In his application, Moyane had raised five “cross-examination themes” which he sought to interrogate Gordhan on.
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