The legal representation for global management consulting firm Bain & Company is making an application to have its affidavit to the Commission of Inquiry into Allegations of State Capture made public.
Athol Williams, a former partner at Bain, is expected to deliver his testimony. However, the company’s lawyer, advocate Alfred Cockrell, is seeking permission from the commission to have its affidavit released to the public.
Adv Alfred Cockrell SC is still addressing the Chairperson on behalf of BAIN & Company, he will continue with his submissions shortly after the tea adjournment, it will then be followed by the testimony of Mr Athol Williams. #StateCaptureInquiry
— State Capture Commission (@StateCaptureCom) March 23, 2021
This is after Cockrell raised the issue of Williams’ affidavit which was released to the public.
Cockrell argued that Bain wishes to make a summary of its affidavit public in response to allegations that will be made by Williams.
According to the Commissions Act, the publication of affidavits before an individual or an organisation appears at the commission is prohibited.
Zondo said if Bain’s request was granted, then other individuals or an organisations might want the same treatment.
The chair heard that Bain was not prepared to submit evidence to the commission, although the company intends to make written submissions.
Bain also seeks to cross-examine a witness who will implicate the company. The company was alleged to have received R146 million for its attempt at restructuring Sars operations.
Zondo will deliver his decision on Wednesday.
Meanwhile, former Sars employee Vlok Symington is also expected to testify at the commission.
Symington was the subject of a hostage drama on 18 October 2016 when he was allegedly held against his will by members of the Hawks and a bodyguard of former Sars commissioner Tom Moyane’s‚ Thabo Titi.
The Sars official also authored a legal memorandum in 2009 that confirmed Pillay’s early retirement was above board.
Watch the proceedings below, courtesy of the SABC: