The first of ten Public Works officials meant to come before an internal disciplinary hearing into the awarding of architect Minenhle Makhanya's contract for upgrades on President Jacob Zuma's multi-million-rand Nkandla home, is still trying to postpone proceedings.
The hearings were supposed to begin on Monday but could not proceed because Sibusiso Choncho was not present.
His lawyer, Adrian Moodley, presented the hearing with a doctor's note – making reference to medical problems, including depression – but his client was ordered to attend on Tuesday regardless.
On Tuesday, Choncho was in attendance but Moodley maintained that he was still under instruction to apply for proceedings to be postponed.
He handed up copies of his client's medical certificate and other documents from doctors and said Choncho had availed himself to appear before the hearing after he was ordered to do so but that he was not fit to sit through the entire process.
He said attending the hearing was – by all accounts – the same thing as attending work and that his client was booked off work.
"The consequence of granting a postponement today would mean a short delay in respect of the matter," Moodley said.
He said that this would be the only prejudice Public Works would suffer.
"The prejudice (Choncho) faces is significant," Moodley said.
He said his client's livelihood was at stake and that if proceedings went ahead, this would present him – as Choncho's lawyer – with certain challenges.
"I would require (Choncho) to be actively engaging in these processes with me," he said.
But the lawyer acting for Public Works, Clement Kulati maintained that Choncho was just trying to delay proceedings indefinitely.
He said the documents presented by Moodley were aimed at ensuring the hearing "never gets off the ground".
He said Choncho's doctors had identified manageable, chronic conditions which – if he was indeed suffering from – he could be treated for.
"One of the crucial things I need to point out is that this document was obtained yesterday (on Monday) and specifically the purpose – I would submit – was to obtain a postponement for the hearing," he said.