ADVOCATE Kate Hofmeyr on Thursday requested the State Capture Inquiry to lay a charge against former SAA chairperson Dudu Miyeni for breaching the rules of the commission by revealing the identity of Mr X.
During cross examination, Miyeni claimed that Mr X was a ‘family member’ who allegedly had an axe to grind.
The commission’s chairperson Deputy Chief Justice Raymond Zondo said what Myeni did serious and has far-reaching implications for the work of the work commission in terms of protecting witnesses.
He also said Miyeni’s decision to name the witness who testified in camera has undermined the work of the commission.
“What you did would discourage other witnesses who want to give evidence before the commission anonymously when they fear for their safety or their lives, something that is very crucial to the work of the information,” an irate Zondo told Miyeni.
“They are, I believe many people who would like to share information with the commission and would have been wanting to do so over the past two and a half years. But who simply feel that they will be victimized, in terms of work, in terms of business, and in terms of their careers and they are not coming forward and then there are those who really fear for their safety, their lives and the safety of their family members yet who have crucial information that is important for the work of the commission.”
“Now if something like this happens and happens right in the commission, it undermines the work of the commission in a very serious way.”
Hofmeyr said Miyeni should be charged for revealing the identity of Mr X, the witness who alleged that she had instructed him to transfer R1 million into the account of the Jacob G Zuma Foundation.
Hofmeyr said Myeni had been in breach of Section 5 of the Commissions Act and the commission’s regulation 12.
Hofmeyr submitted that for the commission to carry out its duties, witnesses needed to come forward with relevant information even when they feared for their lives, so they can testify under conditions of anonymity.
Hofmeyr said Myeni made the breach even after Zondo had explained why he made the order that Mr X’s identity should be withheld, and pointed out that she, Myeni, indicated that she had read in full the transcript of the day Zondo made the order.
Hofmeyr said the former SAA Board chairperson’s conduct would in future deter whistle blowers to appear before the commission.
“It reveals a disrespect for this commission and its processes and it will send a chill over these proceedings. Because it is liable to deter future whistle blower witnesses from coming forward,” said Hofmeyr.
The Commission will continue to hear aviation related evidence from Myeni on Friday.
