The State Capture Commission has rejected the application of former cabinet minister Malusi Gigaba that his estranged wife Nomachule’s affidavit be found inadmissible.
Malusi Gigaba’s lawyers had cited marital privilege as a reason why communications between the two should not be aired in public as well as the acrimonious nature of the couple’s on-going divorce proceedings.
The former minister’s lawyer Richard Solomons says Nomachule is a reluctant witness as summons have been issued against her to appear before the commission and that her testimony may not be accurate.
Malusi Gigaba’s bid to have proceedings in camera should Nomachule be allowed to testify was also rejected by Deputy Chief Justice Raymond Zondo.
An application to cross-examine her will be held at another stage.
“Communications that took place between Mr and Mrs Gigaba within the marital privilege context should not be aired in public. Secondly, we say because the acrimonious nature of the divorce proceedings there is an inherent risk in the evidence and the veracity of the evidence that she will give and that will impact upon questions of credibility,” submitted Solomons.
Commission hears evidence from Nomachule Gigaba:
Nomachule Gigaba is currently testifying. Summons were issued against her after she withdrew her scheduled appearance before the commission nearly two weeks ago, citing unhappiness with the conduct of the commission through her lawyers.
She was expected to shed light on her estranged husband’s relations with the controversial Gupta brothers. The Guptas are accused of having influenced some state decisions and securing backroom deals at state-owned companies, among other claims. Charges they deny.