Zondo declines Bain’s application to make affidavit public

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By Molefe Seeletsa

4 years ago

The Zondo commission has rejected the application by global management consulting firm Bain & Company to make its affidavit to the commission public.

On Wednesday morning, the chairperson of the Commission of Inquiry into Allegations of State Capture, Deputy Chief Justice Raymond Zondo, delivered his decision after he heard reasons from Bain’s legal representation yesterday why the affidavit should be made public.

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The company’s lawyer, advocate Alfred Cockrell, raised the issue of former Bain partner Athol Williams’ affidavit which was released to the public.

Cockrell argued that Bain wished to make a summary of its affidavit public in response to the allegations that will be made by Williams.

Zondo declined Bain’s application, explaining the decision for his ruling that there was nothing special regarding the company’s argument to have the documents publicised.

The chair also addressed Bain’s request to cross-examine a witness, saying the matter will be dealt with at a later stage while he further raised the point the company seemed not to have applied for leave to testify.

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“If there is any unfairness, it seems to me that the flow stems from Bain’s failure to apply for leave to give evidence because, as I have said, if it had done so and it had sought to make sure that its witness gave evidence as soon as possible after Mr Williams has given his evidence, that could well have been arranged,” he said.

“In this circumstances, I am of the opinion that this is not a case in which I should provide the written permission contemplated in regulations 11 (3) A and accordingly I decline to provide such permission.”

Bain said yesterday it was not prepared to submit evidence to the commission, although the company intends to make written submissions.