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Gordhan’s charges at centre of Moyane cross-examination bid

The former Sars commissioner was at the state capture commission of inquiry on Wednesday morning for a second time after his first application of this nature was dismissed in April.

FILE: Deputy Chief Justice Zondo during the first public hearing on state capture allegations in Johannesburg on 20 August 2018. Picture: AFP

JOHANNESBURG - Former South African Revenue Service (Sars) commissioner Tom Moyane’s application to cross-examine Public Enterprising Minister Pravin Gordhan hinges on whether the minister alleged that Moyane acted with malice when he pursued criminal charges against him.

Moyane opened a criminal case in Brooklyn in early 2016 relating to the early retirement payout of former Sars deputy commissioner Ivan Pillay, which resulted in Gordhan being questioned by the Hawks. Former NDPP Shaun Abrahams withdrew the charges later that year.

While Zondo dismissed the previous application to cross-examine on several grounds, he asked the parties to file additional affidavits related to the allegations that Moyane had acted with malice.

Moyane was then back at the state capture commission of inquiry on Wednesday morning for a second time after his first application to cross-examine Gordhan was dismissed in April.

Deputy Chief Justice Raymond Zondo started proceedings by setting out his approach to this application.

“The prima facie is that within the context of this commission if you say that somebody did certain things to further the agenda of state capture; that’s quite a serious allegation and provided that all other requirements need to be met – the inclination would be to grant leave to cross-examine,” Zondo said.

Moyane’s counsel Advocate Dali Mpofu said these requirements were met and referred to Gordhan’s own affidavit to support the submission.

“I’m quoting the affidavit of Mr Gordhan: 'the key point of my evidence was my personal belief that the entire process of investigation and withdrawal of charges against me – which was what Mr Moyane did – by the National Prosecuting Authority was part of a campaign of state capture institutions,'” he said.

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