It looks like former SAA board chairperson Dudu Myeni won’t be appearing before the Commission of Inquiry into Allegations of State Capture on Tuesday.
Myeni was scheduled to testify on matters relating to SAA. However, she has pulled a no-show despite being summoned by the commission.
Addressing Myeni’s no-show, evidence leader Kate Hofmeyr told commission chairperson Deputy Chief Justice Raymond Zondo it was a criminal offence not to appear before the commission, adding that Myeni abused her privilege to remain silent and not answering some questions during her previous testimony.
Hofmeyr argued that Myeni made no effort to respond to the commission’s legal team’s correspondence so she could receive documents for her to be able to testify.
While Myeni’s legal representative, Nqabayethu Buthelezi, is making an application for a postponement, Hofmeyr dismissed the suggestion Myeni should testify virtually through Zoom due to the documents situation.
Adv Hofmeyr tells the commission that the idea of the Zoom appearance for Ms. Myeni today is not going to work. #StateCaptureInquiry
— State Capture Commission (@StateCaptureCom) May 25, 2021
Buthelezi said that Myeni’s failure to appear was not an indication of reluctance on her part or defiance of the commission’s summons.
The advocate said Myeni wrote to the commission last week to request for a postponement, but she did not receive a reply.
“I advised her [Myeni] accordingly yesterday that regardless of a non-response you need to take the necessary steps to make sure that we do get here [at the commission] and it was only then that I think a concerted effort for the email to be traced or somehow found. Maybe it could have been lost in a heap of emails from an unknown address.
“But due to time constraints and as I showed Ms Hofmeyr she says she only picked up the email at 4pm yesterday. Also given that Ms Myeni is not stationed in Gauteng she was then of the view that look can you approach the commission on my behalf and request a solution on how do we facilitate the appearance.
“In other words is there a prospect for this to be heard online or to be deferred another date maybe later in the week or early next week or whatever workable solutions. One thing that is absent from all of this is a reluctance to appear,” he said.
After a short 10 minutes adjournment, Hofmeyr told the commission there was uncertainty about what time Myeni could testify virtually as she was on her way to a family engagement. However, she turned back when she received a call from Buthelezi.
Zondo said when an implicated witness instructs his/her legal team to apply for a postponement, they should be there whether the person is sick or not.
“Even when you think that it’s not necessary for you to be there, you must also think that what if my application has not been approved.”
Watch the proceedings, courtesy of SABC News, below: