Norma Mngoma’s lawyers told the State Capture Commission of Inquiry on Monday evening she was only appearing because she had been summoned by Deputy Chief Justice Raymond Zondo.
Representing Mngoma, advocate Mpati Qofa read a letter to the commission before her client's appearance, stating that an impression had been wrongly created that Mngoma was reluctant or refused to cooperate with the commission.
Qofa said Mngoma had raised a plethora of issues that concerned her and when she received little assistance and protection from the commission, she decided to safeguard herself. The main issue related to her affidavit being leaked to the media.
"Our client’s first affidavit was leaked to the media and she brought her dissatisfaction with this to the attention of the commission. This aspect exacerbated our client’s security concerns," Qofa said.
“Our client has not heard from the commission in this regard, nor has she been offered any form of security or the courtesy of an explanation for the failure to do so.”
Mngoma’s legal team further said: “Our client also highlighted to the commission her discomfort about the commission’s sharing of her affidavit with Ajay Gupta without informing her or her legal team.
’’It was mentioned that Ajay Gupta was implicated, but he has not been in the country since the commission started and there was no basis to share the affidavit with him.”
In the totality of the circumstances, Qofa said they were of the firm view that the conduct of the commission towards Mngoma had been "abusive".
Mngoma’s legal team suggested that she should at least be given an opportunity to draft a supplementary affidavit.
However, Zondo said Mngoma should continue with her testimony. He said this was due to time constraints.