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Northwest Prime Minister Professor Tebogo Job Mokgoro testifies at the Zondo Commission. (Photo by Gallo Images / Papi Morake)
The attorney for former SAA executive Nontsasa Memela was something of a surprise during Thursday’s session in the State Capture Investigation. The chair repeatedly told Lindelwa Mbanja to sit down, saying that it was hindering the process. Zondo and her team are against the clock, with public hearings due to conclude in March 2021.
Public hearings in the state capture investigation must, by court order, concludes in six months. On Thursday, October 1, the president, Supreme Court Vice President Raymond Zondo, said that the timetable for the investigation for the remainder of 2020 is locked. Accordingly, returning witnesses and cross-examination requests will be heard during evening sessions.
As the end of hearings nears, time is an increasingly valuable resource. Perhaps in light of this pressure, the president’s tolerance has been running out of late. During Thursday’s session, which lasted from 10 a.m. to late afternoon, Zondo’s patience, and that of the evidence leader, was repeatedly tested.
Two witnesses testified: the Northwest Prime Minister, Professor Tebogo Job Mokgoro, and SAA’s former head of procurement, Nontsasa Memela.
As the crow flies
The proceedings of the day marked a return to a portion of aviation testing, with a particular focus on alleged fraud, corruption and money laundering in the Northwest. Previously, Zondo heard evidence about SA Express and the provincial government.
A witness who has testified on this matter, Babadi Tlatsana, left without permission after citing fears for his personal safety.
A witness goes AWOL, an Aston Martin takes two years to sell and the ANC scores free numbers
Tlatsana claimed that Brian van Wyk, who is closely associated with the ANC, met her at a restaurant and drew a chart explaining how millions of rands would be divided.
Van Vyk, supposedly Tlatsana, told him the millions that would be paid to then-ministers Lynne Brown and Dipuo Peters, and then to the Northwest Prime Minister Supra Mahumapelo.
The speech on the state of Mahumapelo province served as a springboard for Mokgoro’s evidence on Thursday. Mokgoro was Acting Director General in the Prime Minister’s Office under Mahumapelo from 2014 to 2015.
Pushing papers
The leader of the evidence, defender Kate Hofmeyr, questioned Mokgoro about her role in processing a payment of 50 million rand for the development of the Mahikeng airport. The R 50 million payment paid to SA Express was derived from the R 130 million reserve in the Prime Minister’s Office.
“The authorization followed an acquisition process,” Mokgoro said.
He diverted significant responsibility, yielding to an Executive Committee decision and insisting that he was, in fact, a paper dealer.
Mokgoro stated, “I am not the one going through the acquisition processes.”
Hofmeyr insisted that, in terms of the provincial government funds allocated for the airport project, “none of the boxes have been checked.”
Mokgoro maintained his defense. “My responsibility was not to get into the heart of the matter,” he said.
The numbers don’t add up
Among the concerns of the legal team was the Northwest government’s decision to appoint SA Express to the airport work at R110 million in the first year. This occurred despite an offer from a competitor for a fraction of the cost (R4.7 million for the first year).
The apparent justification for selecting SA Express over the competitor was that, as a state-owned entity, SA Express was not for profit.
Mokgoro testified, “I hate to refer to myself as a postman… the decision comes to me. This is a priority project … and I have to make those funds available, so then I tell the Treasury and the rest of the finance people: ‘Process this.
Mokgoro claimed that he was “caught” in the prosecution of something for which he had no responsibility.
After Mokgoro’s evidence concluded, Zondo announced that Mokgoro’s attorney would reexamine him overnight at a later date in 2020.
Take a sit
The second witness of the day, Memela, answered questions about acquiring a property in Bedfordview, near Johannesburg. (It is alleged that the acquisition was, in short, a cover for a bribe linked to an aviation deal.)
At the beginning of her testimony on Thursday, Memela briefed Zondo and Hofmeyr on acquiring land in the rural Eastern Cape, as she understood it. Through a complicated set of steps, she justified the transfer of millions of rand through the alleged sale of land her mother owned in rural Eastern Cape (the local chief disputes that the sale took place).
Since the former SAA executive declined to provide the investigation with a supplemental affidavit, Hofmeyr referred to Memela’s comments in a news report.
Memela refuted the evidence of a handwriting expert, who reported that it was highly unlikely that Memela’s mother had signed certain disputed papers. In response, Memela said that her mother’s calligraphy had evolved over 20 years.
However, Hofmeyr noted that the expert witness had considered changes in Memela’s mother’s handwriting over time and still found it highly unlikely that she would have signed the disputed documents.
During this stage of the day’s proceedings, Memela’s energetic attorney jumped to his feet.
“The reason we oppose this: the witness is fighting,” he began.
“What you are required to do now is make a concession that you unfairly criticized the commission,” Lindelwa Mbanjwa continued.
Zondo repeatedly ordered Memela’s lawyer (herself implicated in allegations of wrongdoing) to take her place.
For the sake of appearance
Mbanjwa and Memela made it clear that they knew the proceedings were televised and that they influenced the public perception of the former airline executive.
“I want to look clean,” Memela said at one point.
Hofmeyr argued that Memela’s acquisition of a Bedfordview home was fraud (which Memela denies).
Zondo’s patience faded with each of Mbanjwa’s many interjections during Hofmeyr’s session with Memela.
“Mrs. Mbanjwa, Ms Mbanjwa, fraud and corruption are in the commission’s terms of reference, ”Zondo said, after one of Mbanjwa’s interruptions.
He later intervened: “Mrs. Mbanjwa, please sit down.”
Mbanjwa was a kind of surprise box, repeatedly defending his client. By the end of the day, Zondo had reached a turning point.
“Ms. Mbanjwa, many lawyers have come to the commission when their clients are giving testimony. I’ve never had someone object so often. It prevents progress, ”Zondo said.
In response, Mbanjwa said that he was simply following his professional mandate as the legal representative of Memela.
“I object all the time because they pay me. Not because it is impertinent, ”explained Mbanjwa.
He claimed that Hofmeyr submitted evidence negatively.
Mbanjwa promised that various points of contention would be covered during his re-exam of Memela.
“We just believe that the leader of the evidence, as we have said, does not understand some of the legal provisions,” Mbanjwa said.
Hofmeyr replied, “Anything Ms. Memela wishes to place before us will be welcome.”
Stand up in court
Thursday’s proceedings were overshadowed by news that the former ANC deputy Vincent Smith had turned himself in to the police in Alberton, Gauteng.
Smith appeared in Palm Ridge Magistrates Court the same day. He pleaded not guilty to one charge of corruption and one of fraud. He was released with 30,000 rand.
In September, Smith testified in the state’s arrest investigation. He referred to the benefits he allegedly received from Gavin Watson’s company, with political connections, Bosasa. Smith previously served as Chairman of Parliament’s Correctional Services Portfolio Committee. (Bosasa won several lucrative contracts in prison.)
According to testimony, Smith was initially wary of Bosasa’s proposals.
However, according to evidence in former COO Angelo Agrizzi’s investigation, the company successfully courted Smith over time.
Recent investigation procedures indicate that investigators and members of the legal team are determined to close the workflows before the March 2021 deadline. These include the Bosasa workflow.
Following
The performances will resume at 10:00 am on Friday, October 2.
The president of the National Assembly, Cedric Frolick, must appear.
Like Smith, Frolick allegedly received improper benefits paid by Bosasa. DM
