DECISION OF STATE CAPTURE COMMISSION: APPLICATION TO CROSS-EXAMINE MIN GORDHAN

26 Nov DECISION OF STATE CAPTURE COMMISSION: APPLICATION TO CROSS-EXAMINE MIN GORDHAN

1. Minister Pravin Gordhan notes the decision by the Chairperson of the Judicial Commission of Inquiry into State Capture today, granting part of Mr Tom Moyane’s application to cross-examine Minister Gordhan.
2. Mr Moyane has been granted leave to cross-examine on the limited issues of Mr Moyane’s motivations for filing a criminal complaint in 2015 and whether he sought to advance the state capture project while he was SARS Commissioner.
3. The complaint resulted in criminal charges against Minister Gordhan and others, which charges were withdrawn on 31 October 2016 by former National Director of Public Prosecutions, Adv Shaun Abrahams. Those charges related to the approval for the early retirement and of a pension payout to the former, acting SARS Commissioner Mr Ivan Pillay, in December 2010. This same issue is currently before the Courts in a review of the Public Protector’s report.
4. Minister Gordhan welcomes the direction from the Chairperson that Mr Moyane must, finally, produce his full version on oath by 15 January 2020 on the identified issues.
5. Mr Moyane had consistently refused to testify at the Nugent Commission of Inquiry into SARS. He has not yet testified at the State Capture Inquiry.
6. Today’s ruling by the Deputy Chief Justice will be a welcome opportunity for Mr Moyane to explain why he should not be held accountable for the “massive failure of integrity and governance at SARS” and the “reckless mismanagement on the part of Mr Moyane” that the Nugent Inquiry established, occurred under his tenure.
7. Minister Gordhan’s counsel will similarly apply to the Chairperson of the Judicial Commission of Inquiry into State Capture to cross-examine Mr Moyane.

​For further inquiries, please contact Sam Mkokeli: 0820842051