Zondo: Myeni has the right not to incriminate herself

Former SAA board chair Dudu Myeni spent three days on the stand at the state capture commission, but would not answer most questions.

A screengrab of Dudu Myeni giving evidence via a video link during her appearance at the state capture inquiry on 4 November 2020. Picture: SABC/YouTube

JOHANNESBURG - Deputy Chief Justice Raymond Zondo says despite former SAA board chair Dudu Myeni’s unhelpful testimony, she had the right to not incriminate herself and the commission must respect this.

Myeni spent three days on the stand but didn’t answer most questions.

Myeni also breached a crucial provision that protects unidentified witnesses - and her lawyers are yet to make submissions on this next week.

The regulations of the state capture commission protect witnesses who testify from being prosecuted out of the evidence that they present to the commission

And Zondo said that privilege had been used before, but not on all questions until this week.

“Ms Myeni was the first witness to not to answer most of the questions that were asked. The commission cannot act illegally, it has to operate within the ambit of the law, that includes that provision. Therefore the commission must respect that provision."

WATCH: Myeni: May I not respond so that I don't incriminate myself

Zondo said any witness who wanted to offer evidence or put their side of the story must do so without fear of prosecution.

However, Zondo did warn Myeni that he would make his rulings on the allegations made by witnesses - including former Bosasa COO Angelo Agrizzi - with or without her version of events if need be.

Zondo told Myeni that she might not be doing herself any favours by refusing to answer questions.

“When I evaluate the evidence without any denial from you, it might be difficult not to accept the reasons being advanced by Mr Agrizzi,” he said.

* Zondo warns Myeni he’ll make findings with or without her version of events

Among the allegations is that she gave Agrizzi and the late Gavin Watson a confidential police docket on investigations into Bosasa.

But Myeni stuck to her guns.

“It does not mean an admission of guilt nor admission of wrongdoing,” she said.

Her legal team said she was being ambushed with affidavits that were being filed while she was on the stand.

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