News24.com | LIVE: Moyane\'s statement does not adequately respond to certain allegations in Gordhan\'s statement – Zondo delivering judgment at state capture

LIVE: Moyane’s application for leave to cross-examine Gordhan dismissed

2019-04-16 09:34

Deputy chief justice Raymond Zondo has dismissed former SARS boss Tom Moyane’s application for leave to cross-examine Public Enterprises Minister Pravin Gordhan.


Raymond Zondo chairs the state capture inquiry
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Last Updated at 11:18
11:09
Tea adjournment. We will resume with McBride on the stand at 11:15.
11:04
10:59
10:58

Points by Moyane includes:

a) Actual events and evidential material to lay charges against Gordhan.

b) Credibility of Gordhan as a witness in state capture can’t be taken with anything less than a pinch of salt.

Only concern, says Zondo, is the allegation that Gordhan alleged malice on applicant in laying charges against him. I will issue direction what I’d like both parties to address with regards to that issue.
10:53
Under the theme of anti-bias and hostility against the applicant. Moyane has failed to give his full version of his events on that issue.
10:52
10:51
10:51
Moyane’s involvement in awarding of contract: The SARS commission found he had been involved in awarding of contract. It becomes important that the applicant took the position that allegations made against him were false. However, he did not proceed to give his full version of what was said in Parliament. It is not clear what he denies: the tender or his participation. 
10:42
Direct accusation made by Gordhan that Moyane improperly participated in tender, lied to Parliament about it. The applicant says he denies these accusations and will put questions to Gordhan to prove its falsity.
10:40
'Gordhan has made it his lifelong mission to have me removed,' Moyane’s affidavit reads under cross-examination theme 2. 
10:38
Zondo goes through cross-examination themes set out by applicant.
10:37
The applicant cannot apply to cross examine Mr Gordhan on issues that are not raised in Mr Gordhan's statement.
10:34
10:34

After outlining cross examination themes, he says “the rest of this affidavit will briefly outlined…”

It is important to point out that applicant does not draw attention to any allegation that implicated him to any wrongdoing.
10:29
10:28
Applicant lists 7 additional issues related to the paragraph 6 issues but are not directly raised, they include minister Gordhan’s improper roles.
10:23
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Applicant does not dispute or deny findings in Gordhan's statement. He attacked Gordhan's findings relating to the SARS commissions as irrelevant opinions.
10:18
After Mr Gordhan has delivered his opposing affidavit, the applicant had the opportunity to respond to said opposing affidavit, however, the applicant did not do so. Where Gordhan’s version is inconsistent with applicant’s version, it will not assist bid. 
10:08
10:08
Requires a statement of applicant to cross-examine, because applicant’s affidavit do not clearly identify parts of Gordhan’s statement is disputes or denied. Applicant (Moyane) statement should have made this quite clear.
10:06
Requires a statement responding to witness statement, does not at all respond adequately to parts of Gordhan’s statement/ allegations.
10:06

Now, it is necessary to apply requirements discussed above to the application before me. The first issue for the applicant is whether the applicant has shown that he is implicated in Gordhan’s evidence.

The applicant has not shown he is implicated, however, in parts of affidavit it does show he has been implicated.
10:01
The chairperson exercises discretion in decision to grant/dismiss leave to cross examine.
09:59
09:59
If cross examination is granted, it takes place in context of the witness and person in application, the decision to must also take into consideration if the application is in the best interests of the commission.
09:57
Evidence of witness must implicate him/her, if fails to show this, it will be dismissed.
09:51
The Rule 3.4 - must be read with last sentence of 3.4. Statement must make it clear what parts of the witness statement are disputed or denied.
09:50
09:45
The rule guiding cross examination only applies if the applicant is implicated in the evidence given by witness.
09:44
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Zondo explains the Rule 3.3 procedure. 
09:41
Zondo mentions Gordhan's opposition to the application. It is necessary to refer to the legal framework relevant to applications for cross-examination. This commission was established under the Constitution and the Commissions Act.
09:38
Deputy chief justice Raymond Zondo will announce his decision on whether former South African Revenue Service (SARS) boss Tom Moyane should be granted leave to cross-examine Public Enterprises Minister Pravin Gordhan.
09:37

Zondo to announce decision on Moyane's bid to cross-examine Gordhan

Deputy chief justice Raymond Zondo says he will on Tuesday announce his decision on whether former South African Revenue Service (SARS) boss Tom Moyane should be granted leave to cross-examine Public Enterprises Minister Pravin Gordhan.

Zondo announced this on Friday morning before the testimony of former Independent Police Investigative Directorate (IPID) head Robert McBride.

Last month, the commission heard Moyane's application for leave to cross-examine Gordhan. Moyane's advocate Dali Mpofu said Moyane's cross-examination of Gordhan was important.
09:37

IPID investigator told to 'falsely implicate' McBride, Zondo commission hears

Innocent Khuba, who was the lead investigator in the so-called Zimbabwe rendition matter, was allegedly asked to "falsely implicate" former head of Independent Police Investigative Directorate (IPID) Robert McBride and another investigator, Matthew Sesoko. 

McBride revealed this on Monday during his third day of testimony at the judicial commission of inquiry into allegations of state capture.

Khuba was allegedly told to write a statement, saying that McBride and Sesoko forced him to change the rendition report. 
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