Tom Moyane says he did not open case against Gordhan

Commissioner of SARS Tom Moyane has maintained he did not lay charges against former Finance Minister Pravin Gordhan.

However, in court papers filed in the Pretoria High Court on Tuesday‚ SARS official Vlok Symington attached documents showing that Moyane opened a case at Brooklyn Police Station – CAS 427/5/16.

TimesLIVE reports this same docket was later used to bring fraud charges against Gordhan‚ relating to the early retirement payout of former SARS deputy commissioner Ivan Pillay.

Those fraud charges were later dropped by the NPA when it was found out that Symington had authored a legal memo in 2009, thus confirming the early retirement was above board.

While Tom Moyane may be technically correct, the docket was later used in political battles‚ bringing into question why the SARS commissioner has not publicly clarified his exact intentions in opening the case.

Symington has now brought an application to court for an urgent interdict to halt disciplinary proceedings against him. This follows after an investigation by a law firm into a “hostage drama” in a SARS boardroom where Symington was held against his will by members of the Hawks and a bodyguard of Moyane’s‚ Thabo Titi.

In an affidavit attached to SARS’ answering affidavit in the application‚ Commissioner Moyane states: “I did not lodge any criminal complaint against Mr Gordhan as alleged by the applicant.”

However Symington states otherwise in his responding affidavit: “I allege in my founding affidavit that Moyane‚ in his capacity as Commissioner‚ laid a criminal complaint against inter alia Gordhan et al during 2015.”

Symington’s affidavit then states: “Moyane’s denial that he is the complainant in the case against Gordhan et al is therefore not credible‚ and casts doubt on the veracity and truthfulness of SARS’ version as a whole.”

When asked if it was his intention when opening the case that Gordhan would eventually be charged in relation to the rogue unit drama‚ as he was ultimately accountable for the decision to initiate the specialised investigative unit that would later be dubbed the “rogue unit”’.Moyane declined to respond‚ saying that the Symington matter was before court and‚ as such‚ he could not comment.

“SARS has previously made it clear and wishes to reiterate that Commissioner Tom Moyane did not open a case against Mr. Pravin Gordhan. Matters relating to criminal prosecution are best referred to the relevant law enforcement agencies‚” SARS spokesman Sandile Memela said on Thursday.

[Source: TimesLIVE]

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