Advocate Dali Mpofu arguing for former Sars boss Tom Moyane to be allowed to cross-examine Public Enterprises Minister Pravin Gordhan.
JOHANNESBURG - Deputy Chief Justice Raymond Zondo dismissed Tom Moyane's application to cross-examine Public Enterprises Minister Pravin Gordhan on Tuesday.
Moyane wanted to query Gordhan's testimony as his lawyer argued in March, to among other things, restore his reputation.
Zondo stated within the relevant legal framework for applications for cross-examination, Moyane's application did not show where he was implicated in wrongdoing.
"In respect of many issues in his founding affidavit [...] the applicant has not shown that he is implicated," said Zondo.
Moyane does "not respond at all" or only responds "in parts" to Gordhan's statement, said Zondo, before giving an example of Gordhan accusing Moyane of "blatant refusal to account to him as Minister of Finance" and refusing to acknowledge Gordhan's authority.
Zondo said Moyane's affidavit "cannot be said to comply" with a provision that an applicant seeking to cross-examine a witness admit or dispute relevant accusations in a witness statement.
An applicant's also required to submit her or his version, he noted.
Zondo said of Moyane's submissions "neither in his founding affidavit nor his supplementary affidavit did the applicant deal with the issue of why cross-examining Mr Gordhan is in the interests and best function of the Commission.
"This defect is a basis to reject the application in its entirety," said Zondo.
Zondo said the applicant had the opportunity to meaningfully and directly respond to Gordhan's allegations.
Moyane did not do so in a supplementary affidavit.
Moyane's application to cross-examine Gordhan was finally dismissed on all but one issue, namely the claim from Gordhan of malice against Moyane in relation to him laying charges.
Zondo stated he will seek further input on this.