Zondo commission to lay criminal charge against Dudu Myeni

Myeni was a no-show at the commission on Tuesday, defying a summons to testify. 

Her legal representative, advocate Nqabayethu Buthelezi said she had instructed him to apply for a postponement because Myeni did not have all the documents needed for her testimony.

Buthelezi said Myeni had changed legal teams and was not aware that the commission was trying to track her down. 

Myeni wanted more time from the commission for her to respond to questions she was asked in her last appearance where she elected not to answer so as not to incriminate herself.

 "This may inconvenience the commission and we apologise chair, but in as far as it seeks to imply that there is a defiance of the chairs summons, I submit chair there is none, there is no such an intention chair. Hence, we say chair that we request a stay of execution of the summons chair, we did not take a view that we just won't appear because we have written you a letter," said Buthelezi.

"In as far as intent not to comply chair, I think that test is not met chair. There is some level of evidence chair that removes malicious intent," added Buthelezi 

The commission's evidence leader, Advocate Kate Hofmeyr disagreed with Buthelezi's submission.

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 "For the better part of 10 days, we have been seeking to engage with Mrs Myeni directly to ensure she has the bundles she requires to give evidence today. There are repeated screengrabs of all effort multiple members of this commission have made to contact her to say there is a link that you need to download to get the documents, there has not been a single response from Mrs Myeni to those efforts," said Hofmeyr.

"So, it is impossible for Mrs. Myeni's evidence to take place today via Zoom because she has not a single document that would be required for this evidence to be conducted. The assumption, because she made no effort to respond to one of those messages, was that she would understand her legal obligations, appear today, and be given hard copies of the bundles,” said Hofmeyr.

She said there has been a concerted effort from Myeni not to account and said the commission had to ensure the law takes its course. 

 Deputy Chief Justice (DCJ) Ramond Zondo agreed with Hofmeyr, saying it was unacceptable that Myeni did not appear before the commission.

When Buthelezi called her to ask whether she was available to appear via zoom, she said she was on her way to a family engagement but would turn back to her home. 

"There appears not to have been any valid reason for her not to appear; the secretary of the commission must take steps to lay a criminal complaint with the SAPS for acting in breach of the commission's summons and act. I direct that she should make herself available to give evidence today, whether it's via Zoom or any of the methods used to appear virtually, so that must happen today and I direct that she should be available from 2'o clock," ruled Zondo.