State capture commission gives Mbalula ‘deadline’ to submit testimony

The commission of inquiry into state capture on Thursday began with a discussion about how ANC head of elections Fikile Mbalula, and others, may be wasting their time. He was, however, given the benefit of the doubt, along with a deadline of Monday morning at the latest to submit his version of events in response to former minister Trevor Manuel’s testimony about him.

The commission also considered the fact that it has the power to summon witnesses, which may be invoked in Mbalula’s case.

Chair of the commission Deputy Chief Justice Raymond Zondo was told that Mbalula and Atul Gupta were both notified that they had been implicated by testimony from the former finance minister, who is testifying for the first time today.

Evidence leader Advocate Leah Gcabashe told Zondo that Mbalula’s notice was emailed to him last year on 1 October, and he was asked to respond, which he has still not done.

Ajay Gupta attempted to respond on behalf of his brother, which was rejected because he did not want to appear at the commission in person, but instead do so by video link from Dubai.

Gcabashe said Mbalula was then reminded on February 14 to respond to the Rule 3.3 notice. On February 22, Mbalula then apparently told the commission he had not been furnished with Manuel’s statement. The commission’s investigators asked him to send his version as soon as possible, but he had apparently still not done so.

“No acknowledgment of the email or 3.3 notice was received from Mbalula,” said Gcabashe, who said they had always been using the same email to correspond with him, from which he said he hadn’t received anything.

She said she was willing to give Mbalula the benefit of the doubt, though, and said she was confident Mbalula was willing to appear before and assist the commission.

Zondo appeared unimpressed and said someone should have followed up on the email to ensure Mbalula had received it.

“If no acknowledgment is received, other steps must be taken … technology is good and helpful, but sometimes it creates problems when people deny having received something.”

He said this should apply to everyone who had been served with notices and had not acknowledged receipt.

“We don’t want disputes about these notices.”

Zondo said they should proceed with Manuel’s testimony anyway.

“We don’t have a lot of time to do this work. We must move with speed.”

He urged people who wished to say something at the commission to come forward with their statements. “The commission must not delay any more now, particularly with evidence about dismissals and appointments.”

The advocate responded: “Chairman, we’ve asked Mbalula to respond to our letter of the 21st of February within five days, and give us his version. I think that the enforcement tools that you refer to may have to kick in if we do not have a version from him tomorrow morning, or first thing Monday morning.”

“Yes, they may have to kick in, and not only with regard to him. There are others who have responded to requests or correspondence, who have not [submitted]. We have to use those powers. We can’t be delayed for too long because of people who might not be giving the work of the commission priority.”

Shortly after this exchange, Manuel was sworn in to begin his testimony.

He was set to testify, among other things, about how Mbalula allegedly told a high-level ANC meeting that the Guptas had allegedly known about his appointment as sports minister before he did, drawing into question how they may have attempted to illegally control the functioning of the state through then president Jacob Zuma.

In 2017, Manuel wrote an op-ed claiming that Mbalula had tearfully confided during a national executive committee meeting that Atul Gupta had congratulated him on his appointment before he was officially informed by Zuma.

Manuel and Mbalula had started bickering over the use of the term “white monopoly capital”.

Manuel argued this had been cleverly deployed by disgraced and now defunct British PR agency Bell Pottinger to divert attention from the Gupta family’s capture of state-owned enterprises, but Mbalula argued that Manuel was misguided and called him a drama queen.

Manuel – who served as finance minister from 1996 to 2009 – is currently giving testimony at the commission about the procedure of appointing Cabinet ministers and how far-reaching the state capture project was in government.

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