Johannesburg - The legal battle between Kubentheran Moodley, the former adviser of then mineral resources minister Mosebenzi Zwane, and the Zondo Commission of Inquiry Into Allegations of State Capture was referred to another judge to allow both parties to submit additional court documents.
On Tuesday, the two parties came to the South Gauteng High Court in Joburg with two separate applications.
Moodley - who has been described in some circles as a “Gupta fixer” - wanted the court to interdict the commission from gaining access to documentation that Moodley had stored in a storage facility in Sandton.
Among the many accusations against Moodley was that he allegedly helped Trillian Capital loot Eskom, helped the Guptas with R10million to buy Optimum Mine and allegedly had a hand in the looting of the government of North West by Mediosa.
The commission’s legal representative came to court with the intent to file a formal search and seizure application in the same court.
The commission’s lawyers, according to insiders, included in their application a formal affidavit by Deputy Chief Justice Raymond Zondo in support of the bid, saying they intended to use the evidential material in the state capture hearings.
During their brief appearance, the court heard that the commission’s legal team had not provided Moodley with details of their court application in order to allow him to oppose it.
In his court application, Moodley is asking the High Court to deny the commission access to his documentation and other important personal items, including jewellery and cash, that are in the care of Wayne Ryan Becker at his storage facility - Knox Titanium Vaults - in Sandton.
While Moodley’s papers are known, the commission’s reasons for their search and seizure application were not made public in court, apparently to protect the identities of individuals who have yet to appear before it.
To resolve the impasse between the parties, both were summoned to the judge’s chambers, where a decision was taken to refer the matter to another judge.
According to insiders close to the court applications, both parties were ordered to submit replying affidavits to each other’s applications.
They have until July 25 to submit their applications, before the hearing on July 30.
However Independent Media understands that the commission’s legal representatives want their application to be heard in the judge’s chambers to avoid revealing in an open court details of pending matters to be heard before Justice Zondo.
In the urgent application, Moodley, through his attorney, Hannes Peyper, argued that Knox had breached the agreement it had with him by acceding to the commission’s demand, and that the commission had no powers to order the seizure of documents.
Moodley also wants to be allowed access to his three vaults.
Becker argued the matter was not urgent. In an affidavit filed before the court, he said they had joined the matter because a cost order was being sought against them by Moodley.