Anoj Singh has until Monday to submit affidavit to Zondo inquiry

Singh was supposed to have given evidence before the commission of inquiry on Wednesday.

FILE: Anoj Singh addressing Parliamentarians during an inquiry into state capture on 23 January 2018. Picture: Eyewitness News.

CAPE TOWN - Former Eskom financial boss Anoj Singh has until close of business on Mondayto submit to the state capture inquiry a comprehensive affidavit relating to the evidence he will give.

Singh was supposed to have given evidence before the commission of inquiry on Wednesday.

Instead, his legal team insisted he was not in a position to testify and handed in an affidavit explaining the reasons.

READ: Ex-Eskom CFO Singh’s evidence testimony at state capture postponed

Deputy Chief Justice Raymond Zondo said he was not persuaded by the reasons but agreed to postpone Singh’s evidence because the commission’s summons calling him to appear on Wednesday was “fatally defective”.

Zondo was visibly annoyed as he took issue with evidence leader Pule Seleka over the defective summons, which referred to the comprehensive affidavit that Singh now has until Monday to submit.

“But why was a summons issued, which said he has submitted an affidavit when factually he has not submitted an affidavit?” Zondo asked.

Seleka replied: “Yes, that point I have myself also raised chair, but I was given to understand that… look, it was against the background of an undertaking.”

Zondo pointed out that: “But you can’t issue a summons that says someone has filed an affidavit if factually that has not happened.”

Seleka then explained: “Chair, the summons is issued against a particular person and that person has been engaging with the commission.”

Zondo added: “It doesn’t matter. This summons must tell the person to whom it is issued what it is he is required to testify about on the day he is required to appear and effectively what this summons is requiring Mr Singh to come and testify about is an affidavit that did not exist then and does not exist even now.”

Singh’s legal team had undertaken to deliver the affidavit the day after he was summonsed on December 17 to appear before the commission.

Singh will now testify on a date yet to be set and will face questions on his secondment to Eskom from Transnet, a R1.68 billion pre-payment to Gupta company Tegeta, as well as a R659 million upfront payment to Tegeta for coal.

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