Myeni claims right to silence to avoid self-incrimination
CONTROVERSIAL former SAA chairperson Dudu Myeni believes there is an axe hanging over her head and fears being arrested by the Hawks.
Myeni yesterday started giving evidence at the Zondo Commission of Inquiry into State Capture and from the beginning indicated that she would exercise her right to remain silent.
Her senior counsel Thabani Masuku, who is being assisted by advocate Nqabayethu Buthelezi and Mabuza Attorneys, pleaded with the commission to be fair to his client.
According to Masuku, North Gauteng High Court Judge Ronel Tolmay declared Myeni a delinquent director for her lifetime, and directed the National Prosecuting Authority (NPA) to consider and determine whether an investigation regarding possible criminal conduct should follow, so therefore she could face prosecution for issues relating to the national carrier.
”She has an axe hanging over her head,” he said, adding that Myeni was not speaking freely because of this court order.
”She’s not saying she’s not answering questions. (Evidence leader Kate) Hofmeyr can ask questions, but she has the right to invoke her right to remain silent,” Masuku explained.
He added that he was not suggesting that she has a blanket right to remain silent, but that she should not be placed in a position of unfairness.
Masuku told the commission that there were probably Hawks (members), outside the Braamfontein, Johannesburg building where testimony is being heard, waiting to arrest Myeni.
Buthelezi also indicated that Myeni’s concerns were real as the controversial former Bosasa chief operations officer Angelo Agrizzi had been arrested since giving testimony at the commission.
Commission chairperson Deputy Chief Justice Raymond Zondo assured Myeni and her legal team that the inquiry had a commitment to be fair to all witnesses.
The commission will continue today.