It was found that the former Sars head's affidavit did not adequately respond to the relevant parts of Gordhan's testimony
Advocate Dali Mpofu talks to former Sars commissioner Tom Moyane at the state capture inquiry in Parktown, Johannesburg.Picture: ALAISTER RUSSELL
Zondo, who chairs the inquiry, said on Tuesday that the test for cross-examination is whether it is necessary and relevant to the commission's work. In delivering his judgment, Zondo spent most of the morning highlighting the commission's rules. “In applying the rules as discussed above ... The first issue of [Moyane's] application is whether, as required by rule 3.3, [Moyane] has shown that he is implicated in [Gordhan’s] statement or evidence … [Moyane] has not shown that he is implicated in [Gordhan’s] statement or evidence.”
“[The rule] requires a statement responding to the witness statement in so far as it implicates him or her … [Moyane's] statement does not at all respond to certain important parts of [Gordhan's] statement which implicate him, or does not respond adequately to some parts of [Gordhan's] statement or evidence.
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