The court hearing between the Judicial Commission of Inquiry into Allegations of State Capture and its chairperson former Chief Justice Raymond Zondo, and Gupta family business partner Salim Aziz Essa was postponed indefinitely to allow the commission time to file replying papers to Essa.
The court proceedings at the Gauteng High Court on Thursday started with the legal team of the commission and Zondo stating that they have brought an interlocutory application against Essa.
Interlocutory application heard virtually
This interlocutory application was heard virtually by Gauteng High Court Judge President Dunstan Mlambo.
The basis of the interlocutory application is for the commission to argue whether or not Essa has the locus standi to challenge the findings and recommendations of the commission’s report.
Zondo and the commission were represented by Adv Myron Dewrance SC. Essa was represented by Adv Louis Hollander.
During the court proceedings, Mlambo stated that the issue of the commission’s interlocutory application should take a back seat temporarily. This so that he addresses the issue of the legal teams’ affidavits.
Mlambo said since the commission’s legal team is yet to respond to Essa’s supplementary affidavit, the commission should be given time to file its replying papers to Essa’s supplementary affidavit so that the matter is dealt with at once and not “piece meal”.
30 days deadline
Both Dewrance and Hollander agreed with Mlambo’s suggestion. It was agreed by both legal teams that the commission’s legal team will file its replying papers within the next 30 court days.
Mlambo postponed the matter sine die (indefinitely without a specific date). This was to allow the commission to file its replying papers.
In 2022, Essa approached the Gauteng High Court in a bid to review and set aside the commission report’s findings and recommendations on him.
In his court papers, Essa said he was invited to testify before the commission and received several rule 3.3 notices stating he would be implicated in testimony.
Based on his analysis, Essa said the alleged evidence presented against him at the commission was based on hearsay allegations. He did not deem it necessary to respond to the commission’s invitation to testify.
Recommended that Essa be criminally investigated
In his report, Zondo recommended that Essa be criminally investigated and possibly prosecuted in connection with “various contracts concluded between 2012 and 2016 that led to the payment of at least R7.34-billion in kickbacks” to companies controlled either by him or the Gupta family.
Essa is alleged to have facilitated huge contracts with Transnet and Eskom for Regiments and later Trillian, in which he owned a majority stake, in exchange for millions of rands in alleged kickbacks. He is also alleged to have played a role in the purchase of Optimum Coal Mine for the Gupta family.
Essa has not been criminally charged by the National Prosecuting Authority (NPA) in connection with any alleged state capture offence.