‘No special treatment’ for Gupta brothers

Deputy Chief Justice Raymond Zondo yesterday dismissed an application by Gupta brothers Ajay and Rajesh – seeking to crossexamine witnesses who implicated them during their testimonies before the Commission of Inquiry into State Capture.

In terms of the ruling, Zondo said he could only consider their application should they decide to return to SA to testify before the inquiry in person.

Zondo said he found no reason to give Ajay and Rajesh “special treatment” to testify from another country, or grant them use of a video link, while other witnesses were physically present.

He said granting them a right to testify via a video link would pose problems for the commission as they would be absolved from facing criminal sanction should they give false evidence due to being outside SA jurisdiction.

The commission, said Zondo, was prepared to afford all implicated individuals – including the Guptas – an opportunity “to tell their side of the story, but they elected that their side of the story not be heard by removing themselves from the country”.

He found the brothers have described the Hawks and the National Prosecuting Authority as “incompetent” without a valid reason. He also rejected their submission for the commission to hear their evidence in another country.

The Guptas’ argument that they would be arrested and criminally charged upon arrival “does not follow logic” as they would have access to courts to challenge any wrongful arrest.

“Strictly speaking, they are not fugitives from justice because they are running away from the justice system. They chose to have their backs to this country.” Zondo said.