Mabuyakhulu wants to cross-examine witnesses

ANC KZN deputy chairperson Mike Mabuyakhulu kicked off his testimony at the Commission of Inquiry into State Capture by expressing his disappointment with the commission for failing to grant him an opportunity to cross-examine two witnesses who implicated him during their evidence.

When they appeared before the commission, auditor Trevor White and police investigating officer Piet du Plooy implicated Mabuyakhulu in receiving a R1 million donation from Uruguayan businessman Gaston Savoi of Intaka Holdings, through former Ithala Bank chief executive Sipho Shabalala, allegedly in exchange for a government tender.

In his opening statement before the commission’s chairperson, Deputy Chief Justice Raymond Zondo, Mabuyakhulu lamented that the commission had not allowed him to cross-examine White and Du Plooy.

“Instead of being afforded an opportunity to cross-examine these witnesses based on their testimonies to this commission, I have been advised that the chairman (Zondo) has ruled that, before my application is decided, I must first give evidence and submit myself to questioning.

“I, however, Mr Chairman, wish to place on record that I would have expected the commission to firstly allow me the opportunity to cross-examine the said two witnesses on aspects of their evidence, that I regard not to be based on the facts, logic and rationality,” he said.

Mabuyakhulu admitted that he had received the payment from Shabalala, in cash, at the ANC’s provincial offices on June 11, 2008.

He added that the funds were used to prepare for the ANC’s provincial conference from June 20 to 22, 2008.

At the time Mabuyakhulu was the provincial treasurer of the ANC and said that he had received the donation in that capacity on behalf of the party.

At the heart of questions posed to Mabuyakhulu by Judge Zondo was why records and receipts of the donation had not been kept.

Mabuyakhulu said the pressures associated with organising the conference, which was only nine days away from the day he received the donation from Shabalala, dictated that the money be used with immediacy.

“The expenditure on the items that needed to be paid for, for the organisation that were paid for, were part of the treasurer’s report (at the June 2008 provincial conference) that money had been spent on behalf of the organisation. In this particular instance, the detail of capturing the expenditure of the conference would have happened after I had vacated office (of the provincial treasurer),” Mabuyakhulu said.