State Capture: Former FS human settlements boss’ bid for postponement fails

Chairperson of the State Capture Inquiry, Deputy Chief Justice Raymond Zondo, has dismissed the postponement application of former head of the human settlements department in the Free State, Nthimose Tim Mokhesi.

Mokhesi’s advocate, Dali Mpofu, argued on Friday morning that his client had a right not to incriminate himself because he had been told that the police were also interested in the asbestos project case.

Mokhesi had been implicated in the awarding of a controversial R255 million contract for the asbestos audit project.

The contract was secured in 2014 by a joint venture between engineering consultancy firm Blackhead Consulting, and Diamond Hill Trading 71.

Mpofu asked Zondo to suspend, or stay, the hearing pending the finalisation of any criminal charges.

He also argued about regulation 11 which was recently amended by President Cyril Ramaphosa, which helps facilitate the sharing of information between law enforcement agencies and the commission.

“Regulation 11 was introduced so that the commission may assist other law enforcement agencies and it is in that context that the risk that we perceive arises,” Mpofu argued.

However, Zondo said Mokhesi had already submitted two affidavits, which meant his version was already before the commission.

He also reminded Mpofu that the lifespan of the commission was limited.

Mpofu responded and said the fact that the commission has its two statements was in “our favour”.

“This is not somebody who is trying to dodge the commission,” Mpofu said.

Evidence leader advocate Paul Pretorius SC, fired back, saying there was nothing unusual about implicated persons coming to testify.

Pretorius said Mokhesi had not being arrested nor had he been charged with any offence.

He said the commission was obliged in terms of its terms of reference to investigate cases, particularly implicated persons.

Zondo then dismissed Mokhesi’s application. Mokhesi is currently on the witness stand.

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