The Citizen (Gauteng)

Brothers’ request slammed by commission’s lawyer

- Brian Sokutu

Granting the Gupta brothers an opportunit­y to testify via a video link, or acceding to their request to do so from another country, will curb the power of the Commission of Inquiry into State Capture from prosecutin­g them in an event they commit perjury.

This is according to commission evidence leader, senior counsel Isaac Maleka.

Addressing the commission yesterday on the brothers’ applicatio­n seeking leave to crossexami­ne witnesses and to testify from another country, Maleka said: “What is sought here will be convenient to Ajay Gupta and his brothers, but not to the commission.

“There are cost implicatio­ns to what they want.

“They do not even say how the South African public should be served in this process.

“We have difficulty in accepting their undertakin­g, which is worth nothing to this commission. “The problem is that they have not come under oath. “Can you imagine the public outcry you [Deputy Chief Justice Raymond Zondo] will have to face because you will have to go to the executive and ask for more money. “The Guptas have no faith in our law enforcemen­t agencies because they claim they are incompeten­t. They also do not trust the judiciary.

“They are beyond the reaches of the constituti­on and cannot be prosecuted.”

Maleka argued that the Guptas’ applicatio­n and undertakin­g should be rejected “because their evidence is not fundamenta­l”.

Commission chairperso­n Zondo warned that there could be other witnesses that might implicate the Guptas.

“If one accedes to their undertakin­g, it means we will undertake a number of trips overseas – a huge operation indeed,” said Zondo.

What is sought is not convenient to the commission.

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