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Email: inquiries@sastatecapture.org.za
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JUDICIAL COMMISSION OF INQUIRY INTO ALLEGATIONS OF STATE CAPTURE,

CORRUPTION AND FRAUD IN THE PUBLIC SECTOR INCLUDING ORGANS OF STATE

7 June 2019

Lugisani Mantsha Attorneys

1st floor, Burnside Island
Block 6, 410 Jan Smuts Ave,
Craighall, Johannesburg
Att: Mr Dan Mantsha
dan@lugisanimantshaattorneys.co.za

Dear Sirs

Re: Appearance of former President Zuma before the Commission

1. We refer to your letter dated 31 May 2019 which purports to respond to our letters of
30 April 2019 and 6 May 2019. We confirm that we sent you another letter on Thursday
30 May 2019.

2. The Commission sees nothing wrong with any statement it may have made in previous
correspondence to the effect that your client had not complied, or, had so far failed to
comply, with the Chairperson’s request that he furnish the Commission with an affidavit
dealing with the evidence of certain witnesses. That statement says nothing about
whether the failure is justified or not. It simply states a fact. It is, therefore, difficult for
the Commission to understand why stating that fact should be seen by your client as
revealing, as you say, the Commission’s “antipathy” towards your client.

3. The Commission has never said that your client’s election not to apply for leave to
cross-examine or to put his version is a sign of non-co-operation. In fact the
Chairperson has made it clear in his judgment in the matter concerning Mr Tom
Monyane’s application for leave to cross-examine Mr Gordhan that an implicated
 person is entitled to elect not to apply for leave to cross-examine a witness if he so
elects.

4. The Commission does not understand your client’s complaint in paragraph 4 of your
letter about the Chairperson having allegedly “publicly and in an unprecedented way”
singled out “your client” for mention. We point out that the terms of reference of this
Commission which your client signed when he was still President single out certain
people for special mention. Those people include your client. Furthermore, a number
of witnesses have mentioned your client. Also, your client was the Head of State during
either the years or some of the years when it is alleged that the State was captured. It
is therefore inevitable that your client will get mentioned from time to time in the context
of the work of the Commission.

5. It is also not clear to the Chairperson what the basis is for your client’s view that,
because the Chairperson may have mentioned your client’s name in regard to the work
of the Commission, your client should characterise that as “this politicization of a
judicial process” and should find it “unfortunate and deeply disturbing” as your letter
says.

6. Paragraph 5 of your letter seems to be open to an interpretation that your client takes
the view that this Commission or its Chairperson is biased against him or that this
Commission or its Chairperson has allowed itself or himself to be the “extension of
factional political narratives which are a grand scheme by those who seek to accuse
others while they sit in comfort that they will be protected from the exposure …” Please
advise whether this is your client’s view of the Commission or its Chairperson. If it is
your client’s view, it will be most unfortunate.

7. Please indicate in respect of which witnesses your client did not receive Rule 3.3
notices and these will be furnished. The Commission tries its best to ensure that Rule
3.3 notices are issued to all persons who are implicated or may be implicated by the
evidence of a witness.

8. As was indicated in our letter of 30 May 2019, the purpose of your client’s appearance
before the Commission is:

(a) to give him an opportunity to put his side of the story in regard to the matters
covered by the witnesses listed in the annexure to that letter, and,

(b) to enable the Chairperson and evidence leader to put such questions to him as
they may wish to put to him in regard to matters covered by the witnesses’
statements and evidence. This is not a case where the Commission would send
the questions to your client in advance ahead of him taking the witness stand. It is
a case where the questions would be put to your client once he appears before the
Commission. The Commission takes the view that all your client needs to know is
what the witnesses have said about him in regard to certain issues so that he can
prepare himself. The Commission believes that the material that has been sent to
your client which includes witnesses’ statements or relevant portions thereof is
 adequate to enable him to prepare for his appearance before the Commission.
The Commission will therefore not be sending any questions in advance.

9. In asking your client to give the Commission a written undertaking that he will appear
before it on the days specified in our letter of 30 April 2019, the Commission is not
necessarily invoking any specific powers in terms of the Rules at this stage but is
simply showing courtesy to your client who is a former President of the country.

10. For what it is worth the Commission wishes to point out to your client that he is not the
only person who has been asked to provide the Commission with an affidavit on some
issue or issues and to appear before the Commission. The Chairperson also asked
President Ramaphosa to furnish an affidavit on some issue and he agreed to do so
and the Commission should be receiving it soon. Furthermore, President Ramaphosa
has told the Chairperson that he will appear before the Commission. This was after
the Chairperson had informed him that it would be important that he do so in due
course as he was the Deputy President of the ruling party and the country during some
of the years during which it is alleged that acts of state capture occurred.

11. It has become urgent to know whether your client will appear before the Commission
on the dates given in our letter of 30 April 2019 as we are now about five weeks away
from 15 July 2019. We, therefore request that your client advises us in writing by no
later than Wednesday, 12 June 2019, next week whether he will appear before the
Commission on those dates.

Yours sincerely

PETER PEDLAR
Mr Peter Pedlar
Acting Secretary
Judicial Commission of Inquiry into Allegations of State Capture, Corruption and
Fraud in the Public Sector Including Organs of State