Picture: Zintle Mahlati
Picture: Zintle Mahlati

#StateCaptureInquiry: Why Zondo postponed Hogan, Gordhan's testimonies

By Zintle Mahlati Time of article published Oct 10, 2018

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Johannesburg - Deputy chief justice Raymond Zondo has allowed for Pravin Gordhan's testimony at the state capture inquiry, which was due to be heard on Friday, to be postponed. 

Zondo has also agreed to postpone former minister Barbara Hogan's testimony which was due to be heard on Wednesday morning. 

Hogan's testimony will now be heard on November 12 and Gordhan will appear on November 15.

Advocate Thandi Norman, for the commission's legal team, argued for the postponement application on Wednesday saying the team had various issues regarding the timeframe leading up to Hogan's appearance.  

Norman said the commission had only received Hogan's full statement on Monday, October 8, and this hampered the time needed to notify those who might be implicated in her testimony. Those implicated in Hogan's testimony include former president Jacob Zuma. 

Gordhan's statement before the commission has yet to be received and Norman said it is only likely to be submitted on Thursday.  

In agreeing to the postponement, Zondo said it was in the interest of fairness that implicated individuals are notified that they will be implicated and that they are given time to provide their own version. 

"It will not be possible for the commission's legal team to afford implicated individuals enough time as contemplated in rule 3 of the commission's rules which state that implicated person should be furnished with the statement so they can furnish his or her response to the allegations implicating him or her, " said Zondo. 

Allowing those implicated to receive the statement on time also gives them the opportunity to consider whether they want to apply to cross-examine witnesses, Zondo said. 

"This rule seeks to ensure that there is fairness afforded to implicated persons in the process of this commission. If the statements of Miss Barbara Hogan was received on the 8th of October then definitely there is not enough time for implicated persons to read the statement and respond to it before she can give evidence. So it is necessary that more time made available," said Zondo.

The chair also stressed that with the postponement, the commission is still committed to ensuring that it keeps to the time frame provided.

Zondo said the commission's legal team must ensure that implicated individuals receive notices on time and have an opportunity to give their version. This is after Daniel Mantsha, Zuma's lawyer raised concerns about the statements received from the commission legal team regarding Hogan's testimony. 

Norman disagreed with Mantsha's arguments and said the fact that his client, Zuma, had not provided his version regarding Hogan's testimony was also an issue.

* Read more on the #StateCaptureInquiry here.


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