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#StateCaptureInquiry Rousing applause - the loudest yet - as former President Jacob Zuma enters the @StateCaptureCom inquiry venue. His supporters are buoyant this morning. "Zuma, Zuma, Zuma," they chanted with increasing pace. Zuma takes his seat.
#StateCaptureInquiry Chairperson Deputy Chief Justice Raymond Zondo says he does not know what is going to happen. He says he noted that a television station reported at 18:00 Zuma would continue his evidence today and has asked for an investigation.
Zondo has read some legal correspondence. "As to what is going to happen I am still going to hear. I got very little time to read so I hope I didn't miss anything in the correspondence," he says. "I didn't pick up anything that was clear as to what is going to happen."
#StateCaptureInquiry Advocate Paul Pretorius SC says the legal team is ready to proceed. "The correspondence we received yesterday from the other side [...] from Mr Mantsha [...] is marked private and confidential but I am happy to place on record the attitude of the legal team."
#StateCaptureInquiry Pretorius says that the legal team is prepared to continue as per the rules and he would like to place on record that Zondo has the discretion to call witnesses to give oral evidence before the @StateCaptureCom.
#StateCaptureInquiry Pretorius asserts the legal team has not made a concession in terms of the rule allowing any question to be posed to a witness, and will not make a concession in that regard. Zuma looks down, his palms together, resting on the table.
Pretorius says Zuma's rights and the integrity of the @StateCaptureCom is protected. "We are quite willing to take, as we have done [...] to follow the rules," says Pretorius adding the legal team will not and cannot engage in an undertaking that will denigrate the rules.
#StateCaptureInquiry Advocate Muzi Sikhakhane SC for Zuma stands now and says he is puzzled that Zondo only had sight of correspondence this morning. He says they assumed that the correspondence Zuma's legal team received recently stemmed from Zondo.
Sikhakhane says that his address is informed by the understanding that correspondence received was from Zondo himself. Zondo says he has called for a report because the assertion Zuma would continue his evidence, as seen on TV at 18:00 yesterday, did not come from him.
[BREAKING] #StateCaptureInquiry Zuma's attorney says the reason they are here to today is to tell the @StateCaptureCom that they will take "no further part" in proceedings.
#StateCaptureInquiry Sikhakhane refers to his previous remarks on their reservations of a creature of statute telling Zuma to come in terms of no rules. "We were anticipating an impasse like this," says Sikhakhane.
#StateCaptureInquiry Sikhakhane says he spoke with Pretorius on the phone yesterday and will refer to a letter then sent recording Zuma's position. A "crisis has been created here" because of not really knowing what rules the evidence leaders are following, he adds.
#StateCaptureInquiry Zuma sits back and listens as Sikhakhane reads from a letter reporting Zuma decided to accept the @StateCaptureCom invitation out of respect for the citizens of this country but was, on appearing, subject to relentless cross examination.
#StateCaptureInquiry Zuma listens to his advocate, at times with his head tilted. Sikhakhane says, "Of course, we get a letter that I must describe as cheeky." He reads from the Commissions reply to the letter from Zuma's team.
#StateCaptureInquiry Sikhakhane asserts that the "left hand doesn't know what the right hand is doing" when it comes to the @StateCaptureCom. He cites the letter he has described as "cheeky" and Zondo appears sombre and concerned, as he listens.
#StateCaptureInquiry Zuma seems to me to be smiling ever so slightly. Sikhakhane reads from the list of names of nine witnesses who cited Zuma. He says he wants to address Angelo Agrizzi's testimony.
#StateCaptureInquiry Sikhakhane says his client was waiting to be treated just like Public Enterprises Minister Pravin Gordhan or former Finance Minister Nhlanhla Nene. He says "this animal called corruption" is amorphous and indicates all witnesses should not be presumed guilty.
Sikhakhane says it would be an Orwellian manipulation to presume some witnesses innocent and others guilty, that this one is innocent and this one is guilty. "Quite frankly this is a joke," he said in terms of the regime of no rules under which Zuma was invited.
#StateCaptureInquiry "Forget the journalists. Forget the people outside. This Commission doesn't know who is guilty," says Sikhakhane, adding the process must be cleansed of prejudice.
"My client has instructed me that his will take no further part in this Commission," says Sikhakhane. He says they are considering their options in terms of going to the courts. Some applause follows. Sikhakhane says this process has serious implications for Zuma.
[JUST IN] #StateCaptureInquiry Zuma has told his lawyers he will not take further part in the @StateCaptureCom. Sikhakhane says that they are considering their options in terms of approaching the courts.
[PARAPHRASED] #StateCaptureInquiry Sikhakhane has noted that Zondo is a human being and the @StateCaptureCom is a product of human beings. He raises a concern the Commission may have be manipulated for political purposes. An audience member cried out Sikhakhane's name in support.
Pretorius says "we cannot enter into any arrangement to favour [...] that is what is being asked" when it comes to Zuma. He says it is incumbent upon the Commission to ask questions in terms of its Terms of Reference and asserts the questions put to Zuma fall within them.
#StateCaptureInquiry Pretorius says that Zuma has appeared at Zondo's invitation. Zuma has not done so in terms of a subpoena, but the power to call witnesses in that manner remains. He refers to the letters which, he reports, indicates they are subject to Zondo's final say.
#StateCaptureInquiry "We are bound by the rules and we will follow the rules," says Pretorius. He says that an invitation to make an undertaking that would derelict the reals would indicate a willingness to depart from the letter and rules which "we cannot do and will not do".
[SUMMARISED] #StateCaptureInquiry Pretorius says that the @StateCaptureCom is not proving a case, but investigating in an inquisitorial manner, and the Commission must investigate. Questions must, therefore, be asked to seek to establish the truth and assist the Chairperson.
#StateCaptureInquiry Pretorius submits that the term "cross examination" has been "loosely used" to describe "all manner of questions that might be difficult to answer" and highlights the @StateCaptureCom is not a trial seeking to prove a predetermined charge.
#StateCaptureInquiry Pretorius repeats that the @StateCaptureCom's mandate is to investigate various matters. He highlights Rule 3.2 of the Rules. "A member of the Commission's legal team may put questions to a witness," he begins. The rule is below.
#StateCaptureInquiry Pretorius has distinguished examination in chief and cross examination, which he reports is not a type of question but rather a step in a procedure. You can read the full @StateCaptureCom Rules governing the Commission's proceedings.
sastatecapture.org.za/uploads/Rules_…
#StateCaptureInquiry Zondo says he is disappointed that he went to be last night not knowing what would happen today, or the outcome of the legal teams' discussion yesterday. He would have like to contribute, he says.
#StateCaptureInquiry Zondo wants to have a private consultation with Zuma's counsel in chambers. "I do have my ideas of my own that I would like to discuss with them to see whether we can't find a situation where the concerns raised by the former President can be accommodated."
#StateCaptureInquiry Zondo hopes that there may be a way to accommodate Zuma's concerns without compromising the job that the Commissions legal team have to do, and I have to do, and that his legal team has to do.
#StateCaptureInquiry Zondo repeats what he said on Monday: that the decision to call Zuma was his, and his alone. "I believed it was the correct decision. I still be believe it was the correct decision," says Zondo adding he does not want Pretorius or the legal team to be blamed.
"I made those decisions," says Zondo. He adds that the names of witnesses and statements - save for one or two - were provided to Zuma. Zondo emphasized that he and he alone has to rule on matters and reach a determination. He wants to - and, in fact, he must - hear all sides.
[SUMMARISED] #StateCaptureInquiry Zondo: I made the decision that the actual questions would not be given in advance, because I believed if he knew the witness statements from which the questions come and if he knew the incidents which were covered, that ought to be enough.
"I also just want to say the Regulations that apply to the Commission say that the Commission will adopt any procedure that it determines and the Rules that have been published that the Commission is using are Rules that were promulgated in terms of that provision," says Zondo.
#StateCaptureInquiry "The rules do not provide for everything," says Zondo. He says a person can be invited and if they refuse then a subpoena can be used. Zuma is seated, his head bowed, his right hand resting on his forehead and covering his eyes.
#StateCaptureInquiry Zuma now rests his head on his right hand, while listening. Zondo says he had two options: either to make an arrangement and find out if Zuma is willing to come, or to compel him.
#StateCaptureInquiry Zondo notes Sikhakhane reference to Sikhakhane's remarks last year expressing willingness to participate in the @StateCaptureCom process. In light of that, Zondo decided not to issue a summons but to set aside certain dates and invite Zuma to proceedings.
[POLL] #StateCaptureInquiry Do you think former President Jacob Zuma is going to take his grievances over the @StateCaptureCom process to court?
Zondo says that he "did not even limit" Zuma in terms of time during Zuma's opening address, and thinks he only interrupted Zuma once. Zuma, he says, was allowed to have his say and that was one of the purposes why Zuma was invited to attend, to give his side of the story.
[COMMENT] #StateCaptureInquiry Things are even more precarious now than they were when proceedings reached breaking point on Wednesday, and proceedings adjourned early. The @StateCaptureCom could be heading to court. Is this Stalingrad 2.0 at work?
#StateCaptureInquiry Sikhakhane stands for Zuma and says they appreciate Zondo's efforts and "we are not even her to cast aspersions in your direction" but Pretorius, he says, stood "to give us a lecture" and exclaimed "how patronising".
#StateCaptureInquiry Sikhakhane for Zuma says of how Pretorius described cross examination, "He's wrong there. He's just wrong." Sikhakhane says that he and Zuma appreciate Zondo's powers and respects them.
#StateCaptureInquiry Sikhakhane says, "The people we put there have their lives at stake, all of them." He names Gordhan among them, then repeats this point and emphasizes that appearing has consequences. "This Commission has implications in their lives," he highlights.
#StateCaptureInquiry Sikhakhane has told Zondo that he has mentioned the left hand does not know what the right hand is doing and cites a letter on Agrizzi as an example. He suggests it could be the results of Zondo's team being incompetent. This prompts applause from attendees.
#StateCaptureInquiry Another cliffhanger for the way forward for the @StateCaptureCom in terms if its most important and prominent witness to date, former President Jacob Zuma. Zondo adjourns for tea and consultations. There will be an update at either 12:30 or about 13:00.
#StateCaptureInquiry In an unprecedented moment at the @StateCaptureCom supporters break into rousing song in support of Zuma. Zuma spoke to his legal team in a huddle beside the witness table before exiting the hall. The mood is, I would say, triumphant.
#StateCaptureInquiry Moments earlier as supporters burst into song as a show of support for Zuma. My guess: he probably won't come back to the @StateCaptureCom and will instead go to court to challenge proceedings.
#StateCaptureInquiry With the way forward and Zuma's return in doubt, his backers here rejoice. The progress and, to some, the credibility of the @StateCaptureCom in terms of his evidence is on tenterhooks.
#StateCaptureInquiry Zuma has not uttered a word of testimony during @StateCaptureCom proceedings today.
#StateCaptureInquiry The former Head of State has returned to the inquiry hall, following by standing applause from supporters. Zuma smiles as he takes seat. Zondo enters the hall.
#StateCaptureInquiry Zondo says, "I have had a discussion with counsel for the former President and counsel from the Commission's legal team in regard to the issue that they were supposed to deal with yesterday and that we talked about this morning."
#StateCaptureInquiry Zondo says it was a fruitful discussion, characterised by professionalism and respect. He says it has resulted in the decision that Zuma would no longer participate in the proceedings is withdrawn.
[BREAKING] #StateCaptureInquiry Zuma has since indicated he wishes to continue to cooperate with the @StateCaptureCom and his legal team has also indicated a wish to continue working with the Commission.
#StateCaptureInquriy Zondo says the Commission's legal team will indicate to Zuma's legal team what the @StateCaptureCom's areas are in each witnesses' statement or affidavit on which they would like Zuma to testify.
#StateCaptureInquiry Zondo says the agreement is that Zuma will then provide a statement on the areas of interest. "This helps because sometimes in one statement a witness deals with a number of things, some of which may have nothing to do with the former President.
#StateCaptureInquiry In the next two weeks, says Zondo, it has been agreed that Zuma's counsel and the Commission's counsel will meet and a document indicating the areas of interest will be provided to Zuma's team.
#StateCaptureInquiry "If the two sides are not able to agree on the time frame, they will approach me and I will hear both sides and make a decision on the time frame," Zondo continues.
#StateCaptureInquiry Zondo says "it is contemplated" in terms of this agreement that Zuma will return and give further evidence. "It may well be that the time that he will need to testify might be shorter, might be shortened, because of the exchange," says Zondo.
#StateCaptureInquiry Zondo's comments mentioning the prospect of an affidavit and, or statements from Zuma along with a probable shortened duration of evidence when "it is contemplated" Zuma returns suggest this will become at least in part a paper-based process.
#StateCaptureInquiry Zondo thanks Zuma for appearing before the Commission and participating in the process, and acknowledges Zuma's undertaking to continue to do so and appear once more. "I am going to give the former President an opportunity to say something," he continues.
#StateCaptureInquiry Zondo invites Zuma to say something. Three hours after proceedings began he says, "Thank you. Thank you very much, Chair. I must thank you for the intervention."
#StateCaptureInquiry "I think it is the right of anyone to raise concerns if they are concerned and the concerns should be looked at, and I appreciate you were able to meet two teams and found the way forward," says Zuma.
#StateCaptureInquiry Zuma pauses to take a sip of water. "I think no one should have a wrong impression that the raising of concerns was done just to disrupt or whatever. These were genuine concerns that needed to be looked at," he says.
#StateCaptureInquiry Zondo says reaching agreement in principle did not take longer than 10 minutes during talking and there was a willingness to find a solution, whereas the rest of time was working out the specifics.
"Once again, thank you to both teams. Thank you to the former President," says Zondo. He adjourns for the day and "the former President will come back at another time that will be arranged". Monday's proceedings will concern #EstinaDairyProject.
#StateCaptureInquiry This afternoon the @StateCaptureCom has issued a clarifying statement on the arrangement agreed to earlier today in light of some press reports on the nature of the undertaking and what will be in the correspondence between the two legal teams.
#StateCaptureInquiry The statement highlights that "the Commission’s Legal Team will indicate to the former President’s Counsel the areas of interest in a witness’ statement or affidavit on which the Commission would like to have the former President’s version."
[EXPLAINED] #StateCaptureInquiry The @StateCaptureCom statement emphasizes that Zuma will not be sent questions but rather areas of interest to which, through his legal team, he was undertaken to respond upon.
The statement reads, "This means that, if in a witness’ affidavit or statement various incidents or events are dealt with, the Commission’s Legal Team will indicate which ones of those incidents or events or matters they would like the former President to provide his version on."
#StateCaptureInquiry "The agreement does not say that the Commission’s Legal Team must furnish the questions that they intend to ask the former President on that incident or event or matter," continues the @StateCaptureCom statement.
Once Zuma's counsel has "indication of which incidents or events or matters (areas of interest) they wish to have the former President’s version on, the former President will furnish the Commission with a statement or statements or affidavits setting out his version" of them.
#StateCaptureInquiry The statement from @StateCaptureCom reports, per the agreement, that in the next two weeks the Commission's legal team will furnish Zuma's legal team with the areas of interest relating to each affidavit on which they want Zuma's version.
#StateCaptureInquiry As to when Zuma will furnish his statement(s) or affidavits, the statement asserts that will be agreed upon by the legal teams. If they are unable to agree the Chair will deliberate in chambers, hear both sides, and decide upon a time frame for Zuma's input.
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