Zondo slams Mokonyane's former PA for state capture inquiry no-show

Deputy chief justice Raymond Zondo says when a witness is summoned to appear before the state capture inquiry but does not, that is a criminal offence.
Deputy chief justice Raymond Zondo says when a witness is summoned to appear before the state capture inquiry but does not, that is a criminal offence.
Image: Alon Skuy

Deputy chief justice Raymond Zondo has expressed irritation after a witness failed to appear before the state capture inquiry on Tuesday morning, despite being summoned.

Sandy Thomas, a former personal assistant of former environmental affairs minister Nomvula Mokonyane, had been called to appear before the inquiry to answer questions.

The inquiry's evidence leader, Viwe Notshe SC, told Zondo on Tuesday morning that he had not seen Thomas at the inquiry's venue, despite a sheriff serving her with the summons on April 14. After a short adjournment, Notshe informed Zondo that a lawyer representing Thomas would appear before Zondo later in the day to request a postponement of her evidence.

Zondo said the lawyer must appear with Thomas because she was served with a summons to be at the inquiry. He called for the former PA to appear on Tuesday afternoon.

“If he is going to apply for a postponement, that application must happen when the witness is in compliance with the summons. That means being here, even if she was supposed to be in at 9am and she was not here. I have difficulty with the idea that when a summons has been issued and served, you can apply for a postponement without the client here,” Zondo said.

When Thomas appeared at 2pm, her lawyer asked for a postponement as the law firm needed time to deal with an affidavit sent to Thomas last week.

“Ms Thomas, it is not good that you were not here at 9am. It is not acceptable. If a summons says you must be in court or at an inquiry on a certain date at a certain time, unless you are sick or in hospital, you must be there,” Zondo said.

He said if Thomas was going to ask for a postponement, she must first comply with the summons because “when you don't comply with the summons that is a criminal offence”.

Zondo postponed the hearing of Thomas's evidence until next Monday.

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