Tom Moyane given green light to cross-examine Gordhan
The commission of inquiry into state capture has granted former South African Revenue Service (Sars) commissioner Tom Moyane the opportunity to cross-examine Public Enterprise Minister Pravin Gordhan.
Moyane's leave to cross-examine Gordhan emanates from allegations by the minister that the former Sars boss acted with malice when he laid a criminal complaint against Gordhan.
Handing down the judgment on Monday, Deputy Chief Justice Raymond Zondo said an allegation that someone performed his or her duties to advance the state capture project is a serious allegation.
"Mr Moyane has been granted leave to cross-examine Gordhan on a) Whether in laying the criminal charges or complaint against Gordhan, Moyane acted maliciously b) whether in laying the criminal charges against Gordhan, Moyane was motivated wholly or in part by, or, he sought to advance the objectives of state capture.”
Zondi further added that Moyane needs to deliver an affidavit or declaration in which he responds to Gordhan by January 15.
Moyane, represented by Advocate Dali Mpofu, appeared before the commission in August where he applied to cross-examine Gordhan.
Zondo dismissed his first application in April, saying he failed to meet several requirements.