Zondo adjourns McBride’s cross-examination by Nhleko’s counsel

The chairperson of the commission of inquiry into state capture, Deputy Chief Justice Raymond Zondo, on Monday adjourned the cross-examination of former Independent Police Investigative Directorate (Ipid) head Robert McBride by counsel for former minister of police Nathi Nhleko.

Zondo said another date for the said cross-examination will be determined in due course.

McBride was not present at the commission during former minister of police Nathi Nhleko’s testimony on Monday.

Nhleko’s testimony is expected to be in response to McBride’s evidence at the commission, which included that the former minister appointed an alleged fraudster as chief of staff in his office during his tenure at the ministry, among others.

Zondo heard on Monday that on Sunday, McBride submitted an affidavit explaining why he would not be present during Nhleko’s testimony.

Counsel for McBride, Katherine Harding, told Zondo that the affidavit has been handed over to Nhleko’s legal team.

Harding said in the affidavit, McBride said he would not be available for cross-examination on Monday and on 29 July, when he was set to be cross-examined by the commission’s Advocate Paul Pretorius, but would be available on 13 August when he was expected to be cross-examined by Brigadier Ncube’s legal representatives.

Harding further said McBride’s request was that all three cross-examinations be set for 13 August.

She said in his affidavit, McBride “expressly reiterates” his commitment to the commission and its processes as well as his commitment to appear before it to be cross-examined.

The reasons outlined in the affidavit for McBride’s failure to appear on Monday and on Wednesday are that, firstly, when he received notices from the commission for him to be cross-examined, he was at the time not in a financial position to instruct lawyers to assist him in this regard, Harding said, adding that that position changed once he was appointed as the head of the State Security Agency (SSA).

Harding said on 24 July, her legal firm “immediately indicated” to the commission that McBride would not be able to attend on Monday.

She said, in essence, McBride was requesting more time for him and his legal team to prepare for the cross-examinations, and to consider the new documents they have received in the past couple of days.

William Mkhari, SC, for Nhleko, told Zondo that on Sunday afternoon they were sent an unsigned affidavit by the commission’s evidence leaders that McBride would not be present on Monday, and on Monday morning were given a signed affidavit from McBride.

Mkhari said his team had expressed to the commission’s evidence leaders that Zondo will decide on McBride’s position, “but what we wish to place on record is our displeasure of us being informed on the eve of the hearing when we have taken all the time to prepare”.

He said McBride was informed on 10 July about the cross-examination on Monday, which was clearly more than 15 days notice, and so should have expressed his position earlier to avoid “unnecessary costs” being incurred.

He further said it is not up to McBride to decided that all cross-examinations will take place on the same day as the availability of his team and those of other witnesses needs to be considered. He added that his team would not be available on 13 August.

Evidence leader at the commission, Advocate Garth Hulley, said the commission had not subpoenaed McBride because he had been cooperating with it. “but he has given us an indication … that he has taken up employment elsewhere and that it has become difficult for him to comply” for appearing on Monday.

Zondo said he has not doubt that had McBride been subpoenaed or directed to make an appearance on Monday, he would have done so.

“But he has been cooperative in the past, I’m sure that it’s just probably a difficult situation,” Zondoo said.

He said 13 August will remain a date set for that particular cross-examination and that other dates will have to be determined for Nhleko and Pretorius’ cross-examination of McBride.

Watch the proceedings live courtesy of the SABC:

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