Deputy Chief Justice Raymond Zondo says President Cyril Ramaphosa at this stage is not compelled to respond to allegations made about him by former Eskom CEO Brian Molefe in his testimony to the State Capture Commission of Inquiry.
Zondo’s comments come after the commission’s evidence leader advocate Pule Seleka indicated that Ramaphosa had received a rule 3.3 notice which is used to inform an individual who has been implicated witness’ testimony at the commission.
The Deputy Chief Justice confirmed that the 14 day period offered for response after the delivery of the rule 3.3 notice has lapsed without a response from the President.
Ramaphosa’s representatives have told the commission that they would wait until after Molefe has completed his testimony to respond.
“The time you’re obliged to file is when you’ve received a 10.6 regulation from the chairperson, but under rule 33 it’s up to you if you want to respond. The commission may decide that if you didn’t want to respond it wants an affidavit from you.”
“In that case, it can ask you to provide an affidavit and if you cooperate and respond and provide it, then no 10.6 directive needs to be issued,” explains Zondo.
The video below is the live stream of Molefe’s Wednesday testimony:
Meanwhile, earlier in January, Molefe placed President Ramaphosa at the centre of an allegedly unjustifiable coal contract worth R1.4 billion awarded to Glencore in 2012.
He said Ramaphosa had a 9.4% stake in Optimum Mine, which was later bought by Glencore.
Molefe added that Ramaphosa chaired the board of Optimum Mine just before chairing a de facto Eskom board in the office of the president during his tenure as deputy president in 2014.
The former Eskom CEO is alleged to have been at the centre of State Capture at the power utility.
He is also being sued by the Special Investigation Unit (SIU) for his alleged role in looting billions at the State-Owned Entity.
In the video below, SIU’s plans to recover billions lost: