Zondo: Commission to lay criminal complaint against Swifambo Rail's Mashaba

Director of Swifambo Rail, which was awarded contracts by the Passenger Rail Agency of South Africa (Prasa), Auswell Mashaba was summonsed to testify on Wednesday. But his lawyers said he wouldn’t be appearing.

A video screengrab of the commission of inquiry into state capture.

JOHANNESBURG – Deputy Chief Justice Raymond Zondo has said the State Capture Commission will lay a criminal complaint against Swifambo Rail director, Auswell Mashaba, for refusung to appear at the commission.

Mashaba was scheduled to testify about the contracts the company was awarded by the Passenger Rail Agency of South Africa (Prasa), but his lawyers said the summons is unlawful and not binding.

Zondo said this defiance may be a result of similar action by former President Jacob Zuma last week.

He said if this behaviour spread, it would be chaos for all of the justice system.

The commission’s legal team said Mashaba can’t choose if summons were not binding and can’t ignore them.
Advocate Vas Soni read the letter from Mashaba’s lawyers.

“In closing, we confirm on record that our client will not be appearing at the commission today, and more particularly for the reason that our client does not accept that the document constitutes a lawful and legally binding summons.”

WATCH: State Capture Inquiry hears evidence related to Prasa

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