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Johannesburg – Former SAA board chairman Dudu Myeni surprised Supreme Court Deputy Chairman Raymond Zondo in the state’s arrest investigation Thursday by revealing the identity of a secret witness.
Myeni surprised Zondo, who is presiding over the investigation, when he referred to Mr. X by name four times during his test, in violation of the commission’s order not to identify him because he fears for his safety.
I’m going to ask you in addition to stoically. This is a distraction from a family member. Mr. X (identifying him) is my family, his children are my children. He is my brother, ”Myeni said, adding that there was nothing true in hiding his identity since he is part of her family and she considers him her brother.
She added: “I’m not going to talk about issues that belong to what the so-called Mr. X (identifying him) because of the fear that has been presented to you.
“This is an honest man I have known for over 25 years,” he explained to a stunned judge Zondo, who later suspended the lunch proceedings.
Test leader Kate Hofmeyr said Myeni’s appointment of Mr. X four times was a deliberate obstruction of the commission in the performance of its duties.
He said it revealed a lack of respect for the commission and its processes and that it will put a shiver over these procedures and could deter future whistleblowers and witnesses from coming forward.
“This is an extremely serious matter,” he said.
Hofmeyr asked Judge Zondo to order the commission’s secretary, Professor Itumeleng Mosala, to file a charge against Myeni for violating Section 5 of the Commission Act.
The law establishes that any person who intentionally interrupts the proceedings of a commission or who intentionally obstructs or obstructs a commission in the performance of their duties will be guilty of a crime and may be punished with a fine or imprisonment for a period not exceeding six months or both of them. .
Hofmeyr also said that Myeni violated the commission’s regulations.
The regulations state that anyone who insults, belittles or disparages the president or any member of the commission or prejudges the investigation, its procedures or conclusions, is guilty of a crime and can be sentenced to a fine or imprisonment for an invalid period. longer than six months.
Any person who intentionally obstructs, resists or obstructs the president or any official in the exercise of any power or contravenes the regulations will be fined or imprisoned for a period not exceeding 12 months.
Hofmeyr argued that Myeni’s repentance should be appropriately reserved for his criminal charge on the matter should the National Prosecutor’s Office decide to prosecute.
“The proper function of the commission requires that matters like this be dealt with in a resolute and prompt manner so that there is no question that people who deliberately undermine this commission will be brought to the account,” he said.
Judge Zondo described Myeni’s identification of Mr. X as a fairly serious development.
“What they did is really something that I think would discourage other witnesses who want to testify before the commission anonymously when they fear for their safety or their lives, something that is very crucial to the commission’s work,” he said.
According to Judge Zondo, if something like this happens in the same committee, it seriously undermines their work.
“To say the least, I am disappointed that you did this, particularly after I said that I had ordered that his identity not be revealed. I didn’t expect this from you.
“Since yesterday, my impression was that you were showing respect to the commission,” he explained.
Judge Zondo said that if someone does not respect the order he has given, it seems to him that that person also disrespects him.
“I will wait for the presentations that your legal team will bring for Monday at 10 am and then I will take it into account and continue from there,” he said.
Judge Zondo appealed to the media and others to continue to respect the order issued as they have done before and not to mention Mr. X’s real name, as his order is still in effect.
Myeni said she felt very bad and did not want to disrespect the commission.
“It was disbelief, an emotion that came with him, feeling betrayed. I think my mind is not on that, I apologize, “he said.
The commission resumes on Friday.
Political Bureau
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