Zondo chews head off his legal team and investigators for shoddy work on Lebeya

State capture commission chair deputy chief justice Raymond Zondo lashed out on Thursday at the commission’s legal team and investigators for shoddy work on the affidavit filed by Hawks head Godfrey Lebeya.

At the centre of his dissatisfaction was whether Lebeya’s submission fell within the commission’s terms of reference.

Zondo was convinced that, in its current form, most of it did not and Lebeya was thus forced to abandon his testimony. Zondo called for further investigation before he makes a final call. He also instructed the legal team and investigators to never again bring before him a witness’s submission whose terms of reference were unclear.

“There can be no doubt that Dr Lebeya, as he says, over a long period of time, was sidelined, ill-treated and prejudiced in many ways.

“The concern I have is that it is not clear why that was the case. There may be other people who may have to be interviewed who may bring more light.”

Zondo said it was difficult to understand why some of the things in Lebeya’s statement had been done to him.

“In terms of what I see, to say the former president [Jacob Zuma] might have done or said this or that to somebody ... at this stage is just a suspicion, nothing more than that.

“I do get the impression that the legal team is not applying its mind fully to the issue and I think it is best that we adjourn the hearing of Dr Lebeya’s evidence to allow further investigation to be done.”

Lebeya was expected to implicate former national police commissioner Riah Phiyega, whom he believes frustrated his work, allegedly to protect former crime intelligence boss Richard Mdluli.

Zondo was not sure whether the issues between Phiyega and Lebeya had a direct link to state capture or were merely a personal conflict.

His frustration with the legal team and investigators was that they had not interviewed

Phiyega while investigating Lebeya’s statement.

He had a go at advocate Susan Wentzel, who was meant to lead Lebeya’s evidence.

“Has she (Phiyega) been approached?” asked Zondo.

“As yet, she has not,” responded Wentzel.

Zondo went on: “It is wrong that she has not been approached. The legal team is wrong to not have done that, the investigators are wrong not to have done that. But more than the investigators, I blame the legal team because the legal team must guide the investigators. When they read these statements, they see all of these things. Before arrangements are made to prepare for the witness to come and give evidence, the legal team must say, ‘hang on, there are these things’.

“More than anything, the legal team must ask with regard to each witness ‘how does this evidence fit into the terms of reference?’ That question must be asked and no member of the legal team must not be ready to deal with that,” Zondo said.

“If Ms Phiyega says it was because of personal differences ... can it be said that it falls within the terms of reference? Was it corruption, was it fraud or was it state capture? Or could it be that maybe she just did not like him for whatever reason, which would be wrong, but not everything which is wrong falls within the terms of reference of this commission.”

Zondo said he expected better from the legal team. It had wasted a day because it had not done its job properly.

The commission is scheduled to resume next week.

Could it be that maybe she just did not like him, which would be wrong, but not everything which is wrong falls within the terms of reference of this commission