Moyane using state capture inquiry for 'rehabilitation' of career - Gordhan's legal team
13 March 2019
The judicial commission of inquiry into allegations of state capture has heard that former South African Revenue Services (SARS) boss Tom Moyane is using it for the "rehabilitation" of his discredited name and career.
Moyane has applied for leave to cross-examine Public Enterprises Minister Pravin Gordhan.
Gordhan's advocate Michelle Le Roux argued before inquiry chairperson Deputy Chief Justice Raymond Zondo that: "Mr Moyane very explicitly tells you that he is here to rehabilitate his reputation and career prospects… he is asking for your help to rehabilitate his discredited name."
Gordhan has submitted that Moyane's application is a "poorly disguised attempt" to use the inquiry as a political platform through his legal representatives.
"Chair, I must say, that this commission, with the hundreds of millions of rands being spent on it, and the very limited time that you've been given to cover an enormous set of terms of reference… time should not be spent, and money should not be spent on consoling Mr Moyane's feelings, or airing his personal grievances," Le Roux said.
Le Roux also argued that Moyane needed to present a version that could be tested.
"You need a version from Mr Moyane first, in order to test. Which we simply don't have," she said.
However, Moyane's advocate Dali Mpofu said Moyane's cross-examination of Gordhan was important.
'Malicious'
Mpofu read from Moyane's submission: "Under this theme, my version is that Minister Gordhan's affidavit is more significant for what it omits, than what it says. The omitted facts will give a truer picture of the commission about what actually went on behind the scenes."
"It is common cause that Gordhan is the first to testify against Moyane in the SARS inquiry," he said.
Mpofu said that, according to Gordhan, Moyane had been "malicious" in bringing the rogue unit charges against him.
But Moyane has insisted that he was right to bring the charges, Mpofu said.
Mpofu also told Zondo that he should take into account the recent high-level panel report about the parallel state that was created in intelligence structures.
"Now, that report incidentally says that the people who were involved in that parallel state creation must be charged, I think, with treason. "Now here, Mr Moyane is saying Mr Gordhan was involved in exactly similar conduct, in respect of a rogue unit.
"But the impression we are given is that the other people who did exactly the same thing must be charged with treason, but Mr Gordhan must be given a hug. For doing the exact same thing...," Mpofu argued.
Mpofu said, if it (Moyane's version), was correct, you might "find that it is Mr Gordhan who must be charged with treason".
'The boss' vs 'the subordinate'
Mpofu also added that there was a documented and unchallenged history of racism by Gordhan. He told Zondo that Moyane was willing to present his own version to the commission.
But Le Roux said Mpofu had failed to answer whether or not the cross-examination was necessary and whether or not it would help the work of the commission.
She also said that, in his application, Moyane wanted to resuscitate the SARS "rogue unit" saga.
"The commission has been asked to come with the opposite conclusion from the Nugent Commission. It is an untenable conclusion you have been asked to apply," said Le Roux.
She asked if it was necessary for the commission to entertain the language used by Moyane, such as "racism", "vendetta" and "hatred".
Responding to Le Roux's submissions, Mpofu said, if anything was going to discredit the commission it was the idea that it was acceptable for Gordhan - "the boss" - to come before the commission and cast aspersions on Moyane - "the subordinate" character - but it was not acceptable for Moyane to defend himself.
Zondo has reserved his decision in the application for leave to cross-examine.
