Publications
Partners
Deputy Chief Justice Raymond Zondo has dismissed former public enterprise minister Lynne Brown's application to cross-examine former deputy finance minister Mcebisi Jonas during the State Capture Inquiry.
Brown had brought forward the application to challenge Jonas' testimony, in which he told the commission that Ajay Gupta had offered him then-finance minister Nhlanhla Nene's position. Jonas said that Ajay told him that he worked with Brown.
On Thursday morning, Brown's legal counsel Advocate Simmy Lebala tried to lay out the context of this matter, but Zondo grew increasingly impatient with him, reminding Lebala of his dwindling time, and calling for Brown's version of events.
According to Zondo, the requirement to be able to cross-examine a witness on an allegation is for the cross-examiner to present their version of events.
"If someone has leave to cross-examine, they must put up their version. You can say whatever you want to say; if that requirement is not there, you are going to have serious problems getting me to grant your client leave to cross-examine," Zondo said.
Context is everything
Lebala tried to convince Zondo to hear the context first. But Zondo said in order for there to be context, there must be a response to an allegation. "How can there be a context to her version if there is no version?" he asked Lebala.
To this Lebala responded that in no "specific terms" did Brown say she denied what Jonas said.
Zondo explained that he could not grant cross-examination if the applicant admitted to allegations, and once Lebala's 15 minutes to lay out Brown's case expired, Zondo made the call.
"Miss Lynne Brown's application is dismissed. She has not put up her version and I am not at this stage prepared to grant her leave to cross-examine," Zondo said.
Zondo said that Brown was free to renew her application if it met the requirements, but today his final decision was that the application was dismissed.
The commission will hear from Nene on October 3, Minister of Public Enterprises Pravin Gordhan on October 10 and former Minister of Public Enterprises Barbara Hogan on October 15.
Proceedings are adjourned until next Thursday.
* Sign up to Fin24's top news in your inbox: SUBSCRIBE TO FIN24 NEWSLETTER
