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Attorney Dali Mpofu. (Photo: Gallo Images / The Times / David Harrison) / Former South African Tax Service Commissioner Tom Moyane. (Photo: Gallo Images / Rapport / Deon Raath) / Minister of Public Enterprises Pravin Gordhan. (Photo: EPA-EFE / STRINGER)
Did Tom Moyane try to promote the state capture agenda? That was the only question before the State Capture investigation on Monday when the former lawyer for the SARS commissioner, Dali Mpofu, questioned Pravin Gordhan and attacked his credibility. There were few responses during the tense exchange.
Who won the fight: Public Business Minister Pravin Gordhan or Dali Mpofu, SC, representing former SARS commissioner Tom Moyane? In the State Capture investigation on Monday, they both threw consistent punches and each could claim to have scored a knockdown. The battle came a long way and the rematch will be highly anticipated.
Monday’s session of the commission, officially called the Judicial Investigation Commission into Allegations of Capture, Corruption, and State Fraud in the Public Sector including State Bodies, was destined to descend into a boxing match, but few people would have predicted the little evidence would emerge. and how the disputes could highlight the commission’s current challenges.
Mpofu attempted to lock the minister into a narrative that he had no evidence to claim that Moyane was involved in or promoted the State Capture project and that he accuses opponents of the State Capture because he is a racist bully who tries to deflect his own crimes.
But the defender, a former EFF national chairman, struggled to present evidence to corner Gordhan and made offhand comments that observers could link to his personal or political views.
Gordhan answered simple questions with wordy responses and was defensive from the start, taking the bait from Mpofu and poking fun at the defender, probably fostering the perception that he is arrogant and moralistic in his views on corruption and capture. of the State.
“I reject with utter contempt any suggestion that there is racism involved in my interactions,” Gordhan said in an exchange.
“Well, grow up, Mr. Gordhan, don’t be cheeky.” How do you feel? “Asked Mpofu.
“I take it as it comes, Mr. Mpofu,” Gordhan said before the pair started talking to each other.
“Well,” said Mpofu, “I can tell you how people like me feel. Let me give you some advice: you should never look down on Africans like you did in this conversation by telling them to grow up … “
“I did not…”
“And they are cheeky …
“President …”
Mpofu finished, “You shouldn’t do it again, okay.”
Mpofu had picked up a transcript of a phone call between Gordhan and Moyane where the minister told Moyane to “grow up” – Moyane said the same to his political director – and called him “cheeky.” Mpofu claimed that Gordhan had looked down on a black African of a similar age to himself, which he claimed was proof of his racism.
Gordhan denied being racist or arrogant. He said the conversation was about Moyane publicly attacking a judge through his SARS spokesperson.
The transcript shows that the minister asked Moyane to stop commenting on the judge, which Moyane seemed reluctant to do. As that phone conversation grew increasingly bitter, Gordhan accused Moyane of meeting regularly with the Hawks and claimed that the SARS commissioner was resisting his instructions because he felt empowered by his connections.
Part of State Capture is taking control of an institution, either at the board or CEO level, so this is the CEO level. Second, it is to protect yourself from any questioning or transparency in relation to the type of damage that is caused within the institution.
Gordhan admitted that, under pressure, he had no evidence to back up his claim about the call that Moyane met with the Hawks “every day.” However, he argued that there was a pattern of behavior that showed how the SARS commissioner reused the institution to promote the State Capture agenda and evade accountability.
Gordhan said that when he returned to the post of finance minister, days after Des van Rooyen’s brief stint in office in 2015, he met with Moyane to discuss issues in SARS, but the commissioner essentially refused to be held accountable to his boss. .
For example, Gordhan said, Moyane withheld information, paid bonuses to staff before seeking approval, as requested, and submitted license applications to the Presidency rather than the Treasury Office.
Moyane allegedly refused to discuss his plan to restructure SARS, weakening the institution’s investigative capacity.
“Part of State Capture is taking control of an institution, be it at the board or CEO level, so this is the CEO level. Second, it is to protect themselves from any questioning or transparency in relation to the type of damage that is caused within the institution, ”Gordhan said.
“Then, the refusal to discuss the mode of operation, the issue of bonuses is added to that type of refusal and the third is then to reuse an institution or parts of an institution.”
That was largely the sum of Gordhan’s testimony on Monday. He repeatedly referred to the findings of the Nugent Commission, which made wide-ranging findings against Moyane, but Mpofu questioned him about what he personally knew and his belief that Moyane was part of the State Capture project prior to Nugent’s investigation.
The commission’s chairman, Supreme Court Vice President Raymond Zondo, denied Moyane’s offer to question Gordhan, except on one issue: Gordhan’s claims that the former SARS commissioner had advanced the state capture agenda.
Mpofu took a chance on Monday and tried to get answers from Gordhan on a wide range of topics, including whether former President Jacob Zuma was the architect of State Capture, the alleged “rogue unit,” and the former deputy SARS commissioner’s retirement package. Ivan Pillay.
Gordhan’s defensive and argumentative responses could have been motivated by both the questioner and the current political climate.
Accusations of state capture are central to divisions in the ANC and Gordhan has been described as a key player in attempts to clean up corruption but has also been criticized for acting against alleged opponents without due process.
The accusations and evidence against Moyane are extensive and well known, but on Monday Mpofu successfully put Gordhan on trial by public opinion and cast doubt on his claims about state capture and the entire state capture narrative. The minister was a willing participant in the slander showdown.
Zondo let it continue largely.
The president has shown deference to all parties involved in the commission, often only stepping in when absolutely necessary.
He chimed in occasionally on Monday but struggled to keep the conversation on topic and often seemed unable to stop Mpofu and Gordhan from talking to each other as their heated exchanges got off topic.
Zondo may be trying to avoid later bias challenges, but it’s no surprise that Monday’s cross-examination runs for the scheduled two hours or that his investigation is struggling to meet the March 2021 deadline.
The commission suspended the session on Monday without concluding Gordhan’s questioning, which will continue at a later date. The commission will not sit on Tuesday, as other SARS-related testimony scheduled for this week has been postponed because the leader of the relevant evidence has fallen ill. DM
