UPDATE: Mzwanele Manyi flip-flops on application for Advocate Maleka’s recusal

The head of the commission of inquiry into state capture’s legal team advocate Paul Pretorius, SC, told the chair of the commission, Deputy Chief Justice Raymond Zondo that Mzwanele Manyi has ditched his application for Advocate Vincent Maleka to recuse himself as evidence leader.

This after Manyi began his resumption of testimony at the state capture commission of inquiry on Tuesday morning by saying he was no longer willing to continue if evidence leader advocate Vincent Maleka continues to interrogate him.

Pretorius said Manyi had indicated that he is prepared to continue with his testimony with Maleka as evidence leader “and that if he has any difficulties in relation to any particular question, he would maybe raise it with you [Zondo]”.

Manyi had earlier complained that Maleka was treating him in a “prosecutorial manner” and that he, Manyi, was the “first witness” to “get this hostile cross-examination I was subjected to”. He wants the questions to be more clearly “inquisitorial”.

He told commission head Deputy Chief Justice Raymond Zondo that he was only willing to keep testifying if someone else from the commission’s team took over from him.

Zondo said Manyi would probably have to put his request in writing, the evidence team would then respond and Zondo would then make a decision.

At one point, Zondo created laughter when he accidentally called Maleka “Malema”. He apologised for this.

Maleka said he would abide by whatever ruling Zondo came up with, but said he had not appointed himself to the role. He added that he took issue with the fact that his professionalism was being questioned and he wanted to insist that a more formal approach be taken so that he could put his side of the matter.

Maleka said it would be a sad day if a precedent could be set by allowing witnesses to pick and choose who they allow to ask them questions. Manyi said Maleka had “crossed the line”.

Zondo said any delay could take the conclusion of Manyi’s testimony into next year.

“It may be an option to explore … if someone else in the team can do the job … for practical purposes … to continue in that way without it being a reflection on his objections.”

He said this decision would be criticised. Zondo said he would need to adjourn to allow for the head of the legal team to weigh in on the way forward. Maleka said he would want to consult and asked for a 15-minute break.

The next witness is expected to be ANC chairperson Gwede Mantashe, who was spotted at the venue already on Tuesday morning.

Yesterday, Maleka interrogated Manyi’s evidence at the commission, and ruthlessly broke down the facts around newspaper advertising.

Manyi looked unsettled yesterday under interrogation, and claimed that Maleka was taking a “mechanical approach”.

In 2017, Manyi’s Lodidolox acquired ANN7 for R300 million and The New Age for R150 million from the Guptas through vendor financing. The companies were liquidated this year following a decline in heavily relied-on government advertising and non-payment of staff. Manyi was formerly the head of the Government Communication and Information System.

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