#StateCaptureInquiry Head of the Hawks, General Godfrey Lebeya, has just entered the @StateCaptureCom hall.
@StateCaptureCom #StateCaptureInquiry Chairperson Deputy Chief Justice Raymond Zondo has entered and proceedings are underway. He says to Advocate Susan Wentzel she needs to apply her mind to how much Lebeya's statement falls within the Terms of Reference of the inquiry.
@StateCaptureCom #StateCaptureInquiry Zondo says if what Lebeya says in his statement is true it is clear he was sidelined with the police but what is not clear is how this falls within the Terms of Reference of the @StateCaptureCom.
@StateCaptureCom #StateCaptureInquiry Zondo says it is important to keep the Terms of Reference in mind and he urges Wentzel to apply her mind to this point. She says this is the first issue she intends to address with Lebeya.
@StateCaptureCom Wentzel says Lebeya prepared the affidavit himself, he is highly educated and holds a doctorate in law. As she understands it, he is "of the firm view that his treatment was as a direct result of his involvement" in a specific murder case and his work in crime intelligence.
@StateCaptureCom #StateCaptureInquiry "I don't remember anything in the statement that necessarily connects or says that it was because Ms Phiyega had become aware of his role in that regard," says Zondo.
@StateCaptureCom #StateCaptureInquiry "What does appear from the statement is that Mr Phiyega quite early after she had arrived seemed to have ignored him in circumstances where he was one of her deputies," continues Zondo.
@StateCaptureCom #StateCaptureInquiry Zondo says it's clear from Lebeya's statement that Phiyega seemed to dislike him, but it's unclear what the reason is and whether that reason would be something connected to the Terms of Reference of the @StateCaptureCom.
@StateCaptureCom #StateCaptureInquiry Zondo muses it may be premature to hear Lebeya's evidence, noting in his statement he refers to certain classified documents, and the Chairperson wonders if investigations have been conducted to source and declassify those documents.
@StateCaptureCom #StateCaptureInquiry "So, it may well be that a deeper investigation may be able to reveal something," says Zondo. He invites Wentzel to respond. She refers to a paragraph in Lebeya's statement.
@StateCaptureCom #StateCaptureInquiry Zondo's impression is that a large portion of Lebeya's statement might not be relevant to the @StateCaptureCom's Terms of Reference. He adds that further investigation might assist in determining the relevance (or, not) of Lebeya's statement.
@StateCaptureCom #StateCaptureInquiry The murder case mentioned earlier pertains to the 1999 death of Tefo Oupa Ramogibe. In 2011 Richard Mdluli was arrested and charged with 18 criminal charges, including murder, intimidation, kidnapping, and assault with intent to do grievous bodily harm.
@StateCaptureCom #StateCaptureInquiry The case against Mdluli is protracted and involves him being acquitted of four charges of intimidation in November 2019. See the article below for more background. news24.com/SouthAfrica/Ne…
@StateCaptureCom #StateCaptureInquiry Zondo is emphatic that the legal team members must guide the work of investigations. He speaks about the responsibilities of the legal team. He expresses doubts about the utility of Lebeya's testimony at this stage.
@StateCaptureCom Wentzel proposes a short adjournment so she can discuss some of Zondo's points with Lebeya. He asks Wentzel on what facts does she base her conclusion that Lebeya's statement is relevant to inquiry's work. "I don't see that," he says, referring to the paragraph cited earlier.
@StateCaptureCom Zondo says if someone from the legal team had properly applied their mind to Lebeya's statement when it was received months ago, this would not have happened. It seems, he says, a day of proceedings may be lost and time is precious. "This kind of homework must be done," he says.
@StateCaptureCom #StateCaptureInquiry Zondo addresses Lebeya, who stands. He confirms Lebeya has followed the discussion thus far. "You understand what the concern is?" says Zondo. The Chairperson then muses perhaps a short adjournment is best so Lebeya and Wentzel can discuss.
@StateCaptureCom #StateCaptureInquiry Zondo adjourns until 11:30. The progress of Lebeya's testimony today now hangs in the balance, on account of poor work (as characterised by Zondo) by the legal team in determining the relevance of the contents of his statement.
@StateCaptureCom #StateCaptureInquiry Proceedings resume. Counsel for General Riah Phiyega stands and introduces himself. He says it's important that Phiyega made contact with the @StateCaptureCom and beyond that requested further details of some of the allegations in Lebeya's statement.
@StateCaptureCom #StateCaptureInquiry "She made contact with them in writing via email on the 23rd of December 2019. Unfortunately, there hasn't been an acknowledgement or response," says Phiyega's lawyer. More administrative cracks showing in the @StateCaptureCom's work.
@StateCaptureCom #StateCaptureInquiry Neither General Phiyega nor the former KwaZulu-Natal Police Commissioner received Rule 3.3 notices, says Phiyega's counsel. "It's absolutely prejudicial," he says, adding the duo only learnt of yesterday's evidence via the @StateCaptureCom press statement.
@StateCaptureCom #StateCaptureInquiry Wentzel says Phiyega and the former KwaZulu-Natal Police Commissioner were not named in retired Colonel Johannes van Loggerenberg's written statement and these mentions by him only emerged in oral evidence yesterday.
@StateCaptureCom #StateCaptureInquiry Wentzel reflects on her discussions with Lebeya during the earlier adjournment. She says Lebeya says further investigations may not assist. Lebeya's point, as reflected by Wentzel, is that in light of other evidence a picture emerges relevant to the inquiry.
@StateCaptureCom #StateCaptureInquiry "There can be no doubt that if what Dr Lebeya says in his statement is true [...] he was sidelined, he was ill-treated, he was prejudiced in many ways and the concern I had was [it] doesn't appear to come out clearly why that was the case," says Zondo.
@StateCaptureCom [NOTE] #StateCaptureInquiry The attorney representing Phiyega at proceedings today is Ravindra Maniklall.
@StateCaptureCom #StateCaptureInquiry Wentzel says, based on reading Lebeya's statement last night, she too asked, "Where is the link?" She refers to another paragraph in Lebeya's statement in which he expresses a view on his dismissal and the motive therefor.
@StateCaptureCom #StateCaptureInquiry "You need to go to other people as well. You may need to go into records, check certain records," says Zondo. He later adds, "On this statement some of the things that were done to General Lebeya are difficult to understand."
@StateCaptureCom "For me, in terms of what I have seen here, to say it might the former President who might have done whatever or might have said to somebody don't promote so-and-so, sideline him [...] it's just a suspicion, nothing more [...] we can't make findings on suspicions," says Zondo.
@StateCaptureCom Zondo suggests Lebeya's evidence be postponed for further investigation. "That's what I am inclined to do," he says. Wentzel now says the former KwaZulu-Natal Police Commissioner received a Rule 3.3 notice about Van Loggerenberg's evidence on 20 December 2019.
@StateCaptureCom #StateCaptureInquiry Lebeya stands and Zondo addresses him regarding the postponement of his evidence. "If you don't any further issue to deal with I would be ready to adjourn," he says.
#StateCaptureInquiry Lebeya is seated once more. Deliberations follow between Zondo and Wentzel on the next witnesses. Zondo asks, "Where is General Dramat's statement?" Wentzel says as far as she knows one has not yet been received, she understands there is some reluctance.
#StateCaptureInquiry Proceedings adjourn and will only resume on Monday, 20 January. A rocky first few days begin 2020's @StateCaptureCom proceedings.
