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Accusations and name-calling as Mpofu cross-examines Gordhan

Mpofu was appearing on behalf of former Sars commissioner Tom Moyane.
Pravin Gordhan pictured after his appearance at the commission in November 2018. Image: Refilwe Modise, Citizen

Deputy Chief Justice Raymond Zondo on Monday played host to a heated cross-examination of Public Enterprises Minister Pravin Gordhan by Advocate Dali Mpofu, who was representing former South African Revenue Service (Sars) commissioner Tom Moyane.

At one point during the proceedings at the Commission of Inquiry into Allegations of State Capture, Zondo, similar to an annoyed parent, had to instruct Mpofu and Gordhan not to speak over each other as emotions ran high.

Mpofu repeatedly accused Gordhan of “rambling” when answering his questions and requested that the minister provide a “yes or no” response.

Gordhan denied “rambling” and instead told Mpofu that he is not on trial at the inquiry and that Moyane, who has been implicated in state capture, should be made to answer for his alleged involvement.

Zondo granted Moyane leave to cross-examine Gordhan in November last year, following Gordhan’s 2018 testimony to the commission, which implicated Moyane in state capture.

In the fourth hour of the five-hour cross-examination (which was initially scheduled for two hours), Gordhan suggested that Moyane be brought before the commission to be cross-examined regarding his alleged involvement in state capture.

Zondo however noted that Moyane cannot be cross-examined by Gordhan until the minister concludes his testimony.

Mpofu cross-examined Gordhan on whether, in laying criminal charges against Gordhan, Moyane acted maliciously; whether Moyane was motivated wholly or in part by state capture; whether he was abusing a legal process; whether, as Sars commissioner, he sought to advance the state capture project; and whether Moyane’s “personal goals” while commissioner included the advancement of the state capture project.

‘Deliberate’ actions behind deterioration of Sars

In his testimony at the Zondo commission in 2018, Gordhan accused Moyane of deliberately orchestrating the deterioration of Sars. He told the commission that Moyane led a campaign to oust him and former deputy finance minister Mcebisi Jonas as well as senior National Treasury officials in a bid to capture the state.

Gordhan based his allegations against Moyane on, among other things, his experience with Moyane during his tenure as finance minister and the findings of the Nugent Commission of Inquiry into Tax Administration and Governance at Sars.

“In his 2018 report to the president, retired judge Robert Nugent found that [Moyane] arrived [at Sars] without integrity and then dismantled the elements of governance one by one. This was more than mere mismanagement. It was seizing control of Sars as if it was his to have.”

Read:

Gordhan said revenue collection dropped steadily during Moyane’s tenure and the entity lost key professional personnel who did not wish to be associated with the developments that were taking place.

Gordhan said that “hostilities” between himself Moyane developed during his tenure as finance minister when he suspected that Moyane had been involved in activities that advance state capture.

Moyane said these “hostilities” stemmed from “five things” including Gordhan’s alleged “arrogance,” “petty jealousy” and “racism”.

Mpofu put it to Gordhan that tensions between him and Moyane were seen when Gordhan excluded the former Sars commissioner from the 2016 post-budget media briefing which is traditionally attended by the commissioner.

Gordhan replied: “I have no recollection of that, chair.”

He denied the allegations, saying: “All of those assertions have no foundation whatsoever. To now throw around notions such as racism and my alleged involvement in corruption is part of the fake news narrative.

“I emphatically deny all of these assertions,” he said.

When asked by Mpofu if he had evidence that Moyane was involved in state capture and whether or not Moyane had frequent meetings with the Hawks and the NPA , Gordhan said: “ “Obviously not, it was a manner of speaking,”

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Millions spent on the Zondo Commission with someone yet to be imprisoned

And the show goes on..

And once again we the tax payer footing the bill for the charade

Rather donate the money to the bankrupt SABC and air this joke of a commission as a soap opera, because thats all it is

A commission is a fact finding opportunity under oath, only when there is surmountable evidence does the NPA prosecute. Otherwsie if you prosecute based on allegations you’ll be clogging up the system…look now at Pravin’s corridor gossip without evidence. That is what is annoying about the law!

The “fact finding opportunity” has cost this country R700 million, with little or no results

We all know that nothing will come of Zuma and his antics

Ace and his faction are the real show stoppers, the entertainers and producers writing the script

It’s a soap opera, soon to surpass R1 billion

And we the tax payers are the fools footing the bill!

Enjoy the show! There are many more to come from our corrupt comrades in Government!

Don’t give up now! It’s not like it’s all going to be roses, but just think – not very long ago the Gupta brothers were running the country from Saxonwold with little Duduzane running bagman – now look at things.

The low point was pretty much those morons thinking they were going to swindle the Glencore crowd out of Optimum Coal, we’ve been on an upward trajectory since then, all things considered.

Maybe you missed it but JZ has finally been summoned to account, and things are getting real – get your popcorn and truck fire extinguisher.

The Snake pit, all the cobras are on display.

Grab the popcorn and watch the show (and weep)

Not even getting popcorn, Mpofu makes me sick, going to mow the lawn.

On the one side – an arrogant ANC minister who speaks with forked tongue (particularly when it comes to keeping SOE’s afloat to allow further looing).
On the other side a professional advocate/politician who loves to demean members of the opposite political party.
I expected that from Gordhan.
I did not expect that from Mpofu – he is a silk (senior counsel) who should adhere to the traditions of the Bar – and not use underhanded or dishonest maneuvers to score a point in favour of his corrupt client.
Africa at its best!!!

Africa’s finest on display for the world to see.

Correction.

PG (as well as Tito) has a mandate from the ANC. So to imply that PG is keeping the SOEs afloat is not entirely correct; he is acting upon instructions. Do you think Tito (in his personal capacity) wanted to bail out the SAA? He said himself that he was mandated to bail out SAA.

Remember the unions is an alliance partner with the ANC. So they will not make decisions that will throw their partners under the bus; they will have to make these deals out of the public glare.

The only person one can respect in this circus is Judge Zondo who has had to deal with behaviour that makes the term utterly unprofessional seem complimentary.( He is uber patient, polite and professional). Jamnadas was his smooth talking self-evasive and long winded- with his replies lacking substance. Senior counsels style is to incite rather than cross examine the witness and ultimately he didn’t achieve his objective of peeling the onion.

If that is the behavior of a Senior counsel its no surprise that an ANC leader who was jailed for beating a person with a glass jug is released after a few weeks ins jai without showing any remorse( normally a requirement for payroll). How is this relevant to Zondo-it says everything about the inconsistently and broken legal system in this broken country.

Sounds like an eff comment to me.

Here you have two Socialists who are hell bent on destroying each other wasting the limited resources of tax payer funds that could otherwise be used to lift people out of poverty.

I am all for a hierarchy system more specifically the Free Market system that conducts it’s affairs in an orderly fashion.

What we see in South Africa is a Dysfunctional Hierarchy System who use emotion to convince people of their Socialistic Lies that never ever bear any fruit.

The incentive to steal for self benefit outways the incentive to create collective prosperity for all, contradictory is that the collective will protest the very system which will create prosperity for all.

Justice Delayed is Justice Denied.

The free market has a devious character by the name of Trump. He lies blatantly, does not heed counsel and bullies his way forward.

They USA is only about 70% Free Market ranking in at number 36 with Singapore occupying Rank 1.

To correct your statement I would even go as far as to say that Donald Trump is Anti Free Market, his administration was imposing many price controls.

Sadly South Africa ranks at number 106 which even is below China.

Price Controls are the outcome of an economy which is hell bent on creating the perception that the Goverment is protecting the people and businesses which unfortunately they cause the opposite effect.

So according to Mpofu’s logic if Gordhan does not like Moyane then he is racist?

Also, Moyane must be a very sensitive soul if he was offended by “grow up”, “don’t be cheeky”. I thought he was a hardened “Freedom Fighter”? Mpofu is clearly wearing his EFF hat here and playing to the millions of unemployed young people following on Twitter.

Lovely comment. Agree fully.

It’s our money being wasted here.

A “powerful” ANC bigwig with god-complexes has no evidence of State Capture but was at the heart of JZ administration for 7 years and bizarrely he implied Moyane was more powerful than him.

We have to come to terms with the fact that we have been lied to here and one of the liers was Madonsela.

Money could be used for a better purpose than this.

There’s no reason for the existence of this commission that’s doing the work of SAPS, NPA, Hawks etc etc people who being paid and qualified to do these investigations.

Correct me if I am wrong, but was this not the same Mpofu why ran the SABC into the ground and walked away with R12 million golden handshake?

Was he also not chairman of the Effectively For Fools thug gang? If so he is a supreme racist, hence the references yesterday to race.

If so, then this thing is more than a farce, it is a show being run by Zuma in the background. Tom Moyane is family of Zuma from what I hear.

What’s totally absurd – is when Mpofu constantly asked for evidence about state capture and its existence …

Does Dali not wake up every morning and see how “f” ed this country is.

Oh,then how does this fit in …

When he puts on his red overall and “toi tois” with his racist leader Malema to “fight corruption” – what evidence is he relying on??

For me the Zondo charade is just an extension of state capture. Almost everyone who appears is state paid and represented by some lawyer or advocate, all paid for by the taxpayer. The jolly ringmaster and his lackeys are all paid out of the taxpayers’ purses – they don’t care how long the charades continue. There are no criminal consequences for any of the actors (except old Agreasy who made the McCarthyesque cardinal error of uttering the k word).

Garbage in, garbage out.

It appears that the zondo comission is the most entertaining content the SABC has to offer south africa. How else can they justify license fees? The vast majority of individuals watching this farce, complaining about poor service delivery, yet still commending these leaders and voting them into powerful positions. U have to wonder who’s having the last laugh….

End of comments.

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