Zuma has not applied to cross-examine – but Duduzane has

Former president Jacob Zuma has not formally applied to cross-examine any of the state capture commission witnesses – but his son, Duduzane, and two of the Gupta brothers have filed such applications.

TimesLIVE has established that Zuma’s lawyers have written to the commission‚ saying he does not believe he has been implicated criminally or ethically by the testimony of former deputy finance minister Mcebisi Jonas‚ former ANC MP Vytjie Mentor‚ former government communications head Themba Maseko or his deputy, Phumla Williams.

As a result‚ he will not seek to cross-examine them.

Former public enterprises minister Lynne Brown has indicated she wants to cross-examine Jonas, who testified two weeks ago that a Gupta brother told him that the family “looked after” Brown.

The comment was allegedly made in 2015‚ at a meeting where Jonas claims the Guptas tried to bribe and threaten him into taking then finance minister Nhlanhla Nene’s job.

Deputy chief justice Raymond Zondo‚ who is heading the commission‚ told Brown’s lawyer that her application “might not be properly considered” until she is implicated.

Advocate Mike Hellens SC‚ who leads Ajay Gupta’s legal team‚ said the Gupta patriarch had provided affidavits setting out his version of events in regard to the evidence given by Maseko and Mentor.

Hellens has represented Jonas and therefore will not represent the Guptas in their bid to cross-examine him.

Instead‚ advocate Dawie Joubert will argue for Ajay and Rajesh Gupta‚ and Duduzane, to be given the right to crossexamine Jonas.

While Duduzane has indicated that he is prepared to take the stand‚ Ajay’s attorney, Rudi Krause, says Ajay wants to give his evidence outside of South Africa because of his mistrust of law enforcement officials. Hellens has made it clear that the Guptas’ legal team will argue that the right to cross-examine should not be linked to appearing in South Africa to testify.

Ajay has been defined as a fugitive from justice by the Hawks‚ who say he will be arrested if he sets foot back in SA.

Controversial arms deal adviser Fana Hlongwane‚ who Jonas says witnessed a Gupta brother try to bribe him‚ and later threaten to kill him‚ has also applied for the right to cross-examine Jonas – as has Major-General Zinhle Mnonopi‚ the Hawks officer who Jonas said tried to kill the criminal case linked to his evidence.

Zuma’s former personal assistant, Lakela Kaunda, has also applied for the right to crossexamine Mentor. –