Lungisa Fuzile. (Felix Dlangamandla)
- A former Treasury DG will be cross-examined first before the evidence of former finance minister Des Van Rooyen is heard.
- This comes after Van Rooyen’s legal team raised the question of fairness.
- The commission also heard that Van Rooyen allegedly received documents the night before he was set to take the stand.
Deputy Chief Justice Raymond Zondo, chair of the judicial commission of inquiry into state capture, has granted a request that former Treasury director general Lungisa Fuzile be cross-examined before former finance minister Des van Rooyen gives evidence.
“I am going to allow for Mr Fuzile to be cross-examined first and Mr Van Rooyen will give evidence later. It is not about the arguments/merits. It is more about the letter and the fact that documents were received late,” he said on Tuesday.
This came after Van Rooyen’s legal representative, advocate Thabani Masuku SC, said Fuzile’s evidence was incomplete until he was cross-examined.
“The evidence of Fuzile is incomplete until my client has cross-examined him. On 8 February 2019, this commission addressed a letter to our attorneys where it was made clear the sequence [is] cross-examination and then the leading of the witness, not the other way around,” he submitted.
Masuku further stated the importance of a truth-finding mission and said the only way it could get the truth, was through cross-examination.
Zondo responded to Masuku, saying: “I accept that, but how is it unfair when cross-examination takes place after the witness has subjected himself?”
To which Masuku responded: “That procedure has no precedent. It is unfair, that is why it has never been used, the evidence is not complete.”
Zondo had already granted Van Rooyen leave to cross-examine Fuzile last year.
READ | Des van Rooyen wants to cross-examine former Treasury DG Lungisa Fuzile
Fuzile testified that Van Rooyen allegedly arrived at the National Treasury with a pre-appointed adviser, News24 reported last year.
Fuzile also testified about the impact Van Rooyen’s appointment had on the Treasury.
On Tuesday, Masuku said his client had received some documents a day before he was set to appear before the commission.
“How can I help [my client] when documents are put under the door [or] over the window a day before the hearing? It is just not right. We submit that our client be given the right to object to questions surrounding those documents, we will allow them to be used,” he said.
Zondo noted that there may be some unfairness when somebody was given documents as late as they were given to Van Rooyen.
“That is partly why it may be important for attempts to be made to mitigate that unfairness,” he added.
The commission continues.
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