Hogan and Gordhan’s state capture testimonies postponed

The testimonies of former minister of public enterprises Barbara Hogan and incumbent in the ministry Pravin Gordhan have been postponed to 12 November and 15 November respectively.

Hogan was meant to testify at the commission on Wednesday while Gordhan was due to appear before the commission on Friday.

The Judicial Commission of Inquiry into state capture’s legal team submitted the application to postpone the testimonies because Hogan’s statement was received by the commission’s legal team on Monday while Gordhan’s statement has not been received by the commission’s legal and was expected on Thursday.

The inquiry’s legal team said this would affect the rights of those implicated in the testimonies because having received Hogan’s statement at a late stage, the commission’s legal team did not have enough time to give the implicated persons notice nor would the implicated persons be afforded enough time to put up their version of events.

The chairperson of the commission, deputy chief justice Raymond Zondo, clarified that people implicated in statements submitted to the commission’s legal team should be made aware that they have been implicated before the witness gives evidence before the commission.

Zondo further explained that once these people have been notified of being implicated in a witness’ statement, the implicated party should be given the opportunity to furnish the commission’s legal team with their version of events and that the commission’s legal team should have ample time to interrogate the implicated party’s version.

The commission’s chair said the importance of this is that the inquiry’s legal team would then draft questions informed by the witness’ statement and the implicated party’s version.

“This commission is committed to ensuring that implicated persons are dealt with fairly and that they have a fair opportunity to put their versions before the commission and they explain their conduct where they accept that they may have acted in a manner that is unacceptable,” said Zondo.

He added that this was important because it would ensure the commission’s findings are credible because all persons would have been granted a fair opportunity to put up their version of events. The commission’s legal team must ensure that implicated persons are notified timeously and are given ample time to put up their version.

Hogan was expected to testify on former president Jacob Zuma’s alleged meddling in key appointments of South Africa’s state-owned enterprises (SOEs) and in the department of public enterprises (DPE).

She was expected to share insights into her turbulent tenure as DPE minister, with claims that Zuma made it difficult for her to fully perform her job and interfered in her appointing a director-general in her own department.

As part of Zuma’s delegation during his state visit to India in June 2010, Hogan was expected to tell the commission how the Guptas pushed hard for the government to cease the Johannesburg-Mumbai SAA flight route – a plan opposed by then SAA chairperson Cheryl Carolus.

This could only be realised after the firing of Hogan in October 2010, who was replaced by Malusi Gigaba.

– additional reporting, Brian Sokutu

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