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Moyane 'has the right' to question Gordhan over 'state capturer' remark

Tom Moyane is being represented by Advocate Dali Mpofu at the state capture commission of inquiry and has applied to cross-examine Public Enterprises Minister Pravin Gordhan.

FILE: Tom Moyane. Picture: Kayleen Morgan/EWN.

JOHANNESBURG - Former Sars commissioner Tom Moyane’s counsel has argued that he had a right to fairness and that includeed the right to question the person who has labelled him a “state capturer”.

Moyane is being represented by Advocate Dali Mpofu at the state capture commission of inquiry on Wednesday and has applied to cross-examine Public Enterprises Minister Pravin Gordhan.

Gordhan has accused the former Sars boss of being central to the state capture campaign within the Revenue Service.

Deputy Chief Justice Raymond Zondo dismissed Moyane’s first application in April, saying he failed to meet several requirements.

But he asked the parties to make submissions on the allegation that Moyane was acting with malice when he filed a criminal complaint against the minister.

This aspect is the subject of the application on Wednesday. Mpofu said while his client had no right to cross-examine a witness, he had the right to fairness.

“The linkage between cross-examination and fairness, I don’t need to make that point. We insist in our right to fairness. Someone cannot come here and call Mr Moyane a state capturer and then that person is immunised. I mean, what is that?”

Gordhan’s counsel Advocate Michelle Le Roux said the commission would be better served if Moyane was called to testify.

“If Mr Moyane were to come and give you a version of what happened at Sars, on what happened at the Waterkloof landing and on what happened with Bosasa payments as his name was mentioned, that would assist this commission.”

WATCH LIVE: Zondo inquiry on Moyane's application, secret witness to testify