Lawyers representing public enterprises minister Pravin Gordhan at the state capture inquiry have argued that time and money should not be wasted on “consoling” axed SA Revenue Service (Sars) boss Tom Moyane's feelings by allowing him to cross-examine the minister. In a legal to-and-fro between Moyane and Gordhan at the inquiry on Wednesday‚ Gordhan's lawyer, Michelle le Roux, argued that issues canvassed in Moyane's application to cross-examine her client had already been dealt with by retired judge Robert Nugent in his investigation into tax and governance issues at the revenue collector.
Le Roux came up against Moyane's lawyer‚ Dali Mpofu‚ when arguing against the application before commission chair‚ deputy chief justice Raymond Zondo. “If we understand Moyane's application . all of that falls into three categories. The first are Sars-related issues.
He wants to resuscitate the so-called rogue unit narrative. All of these Sars-related issues are the work of the completed Nugent commission … What this application amounts to is that you are being asked to review Nugent‚” Le Roux said. “You are being asked to traverse the identical terrain.
All of the Sars-related issues were the work of Nugent's commission and if Moyane is unhappy with that he has recourse. “In another category of issues that could‚ at best‚ be described as personality issues‚ he [Moyane] talks about racism‚ acrimony‚ hate and grudges … Time and money should not be spent on consoling Moyane's feelings.” Arguing for cross-examination to be granted‚ Mpofu spoke of Gordhan's role in establishing the controversial high-risk investigations unit‚ dubbed the “rogue unit”‚ which Nugent found to be a legal body.
Mpofu also alleged that Gordhan was racist towards Moyane and referred to a phone call in which Gordhan allegedly told Moyane to “grow up”.