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Lawyer Dali Mpofu.
Alaister Russell, Gallo Images, Sowetan, archive
- The proposal of the former head of the department of human settlements in the Free State of Nthimose “Tim” Mokhesi to postpone his testimony has failed in the Zondo commission.
- Lawyer Dali Mpofu has argued that his client did not want to incriminate himself because the police were also interested in the Free State asbestos audit project.
- The multi-million dollar contract was secured in 2014 by a joint venture.
The chairman of the State Capture Investigation, Supreme Court Vice President Raymond Zondo, dismissed the request for postponement from the former head of the human settlements department in the Free State, Nthimose Tim Mokhesi.
Mokhesi’s defender, Dali Mpofu, argued on Friday morning that his client had the right not to incriminate himself because he had been told that the police were also interested in the asbestos project case.
Mokhesi had been involved in the award of a controversial R255 million contract for the asbestos audit project.
The contract was secured in 2014 by a joint venture between engineering consultancy Blackhead Consulting and Diamond Hill Trading 71.
Mpofu asked Zondo to suspend or suspend the hearing pending completion of the criminal charges.
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He also argued about regulation 11 that was recently amended by President Cyril Ramaphosa, which helps facilitate the exchange of information between law enforcement agencies and the commission.
“Regulation 11 was introduced so that the commission can help other law enforcement agencies and it is in this context that the risk we perceive arises,” argued Mpofu.
However, Zondo said Mokhesi had already submitted two affidavits, which meant that his version was already before the commission.
He also reminded Mpofu that the lifespan of the commission was limited.
Mpofu responded, saying that the fact that the commission has his two statements was “in our favor.”
“This is not someone who is trying to bypass the commission,” said Mpofu.
Paul Pretorius SC, advocate for the trial leader, responded by saying that there was nothing unusual about the individuals involved coming to testify.
Pretorius said Mokhesi had not been arrested or charged with any crime.
He said the commission was obliged in terms of its terms of reference to investigate cases, particularly people implicated.
Zondo later dismissed Mokhesi’s request. Mokhesi is currently on the witness stand.