The last time he appeared, he accused President Cyril Ramaphosa of acting in the interests of coal supplier Glencore to marginalise the power utility and he said that was the real capture of Eskom.
The foundation said Zondo was abusing his position as the second in charge in the Constitutional Court and instructing his subordinates to bend the laws of the country was unprecedented.
The commission heard evidence by liquidators and forensic investigators who looked at money flows from the company that appear to have been a front for German company Vossloh Rail.
But he said the liquidators were negotiating a settlement that would benefit the state-owned enterprise for up to R1.5 billion.
Speaking at the state capture commission on Thursday, Sacks said Mashaba had stated that he paid the money but he was not sure if the money reached the party.
Voslooh was contracted by Swifambo to supply the 70 locomotives, that were ordered by the Passenger Rail Agency of South Africa (Prasa) for R3.5-billion.
DCJ Zondo made the comments on Wednesday after testimony by forensic investigator Marc Sacks about how the company was formed specifically for the r3.5billion locomotives contract from Prasa.
Forensic investigator Ryan Marc Sacks unravelled how money was paid to Swifambo Rail when it was awarded a R3.5 billion contract and how some of it flowed from that company to others and individuals.
Deputy Chief Justice Raymond Zondo has instructed the secretary of the commission to lay a criminal complaint against Auswell 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.
Former Prasa board chair Popo Molefe told the state capture commission that the investigation into the project was kept confidential because people who were loyal to Montana remained in positions at the state-owned entity.
She said she understood that the investigations were important to chase wrongdoers, but the board was committing another wrong.
The commission will now have to complete its report by 30 June.
Peters said she and former president Jacob Zuma were part of a meeting with board chair Popo Molefe about the change of CEO after Lucky Montana’s resignation.
Former Transport Minister Dipuo Peters said she believed Montana was bluffing when he resigned as CEO and that’s why he was fighting to be reinstated.
In Monday's papers, the secretary of the commission is the applicant and the respondents are Zuma, the minister of police and the SAPS.
Former minister Dipuo Peters said that she attended a meeting called by former President Jacob Zuma where Montana’s reinstatement was discussed.
It’s alleged that the businessman, who sold beds, was called for a delivery in Nyanga on Sunday and when he arrived, a gunman fired a shot through his window.
