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The director of Swifambo Rail, which received contracts from the South African Passenger Rail Agency (Prasa), Auswell Mashaba was summoned to testify on Wednesday. But his lawyers said he would not appear.
A video screenshot of the commission of inquiry into the state capture.
JOHANNESBURG – Supreme Court Vice President Raymond Zondo has said that the State Capture Commission will file a criminal complaint against Swifambo Rail director Auswell Mashaba for refusing to appear before the commission.
Mashaba was scheduled to testify about the contracts the company awarded to the South African Passenger Rail Agency (Prasa), but his lawyers said the subpoena is illegal and non-binding.
Zondo said this challenge may be the result of a similar action by former President Jacob Zuma last week.
He said that if this behavior spread, it would be chaos for the entire judicial system.
The commission’s legal team said Mashaba cannot choose whether subpoenas are not binding and cannot ignore them.
The lawyer Vas Soni read the letter from Mashaba’s lawyers.
“Finally, we confirm in the minutes that our client will not appear before the commission today, and more particularly because our client does not accept that the document constitutes a legal and legally binding summons.”
LOOK: State capture investigation hears evidence related to Prasa
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