Johannesburg - An administrative mishap has halted the Zondo commission's ability to hear crucial evidence from former correctional services commissioner Linda Mti and Pretoria Chief Magistrate Desmond Nair.
The legal representative for Mti, Schalk W Van der Merwe, told Deputy Chief Justice Raymond Zondo that Mti had been prejudiced because he received a late notice for his expected appearance on Tuesday.
Mti received the notice on July 12 with Van der Merwe stating that this was not enough time as he was legally required to be notified 14 days prior.
Mti was not at the inquiry on Tuesday. He is expected to provide the commission with an affidavit after he receives details on his implication.
With Nair, his lawyer Danie Dorfling SC said Nair was ready to testify but the commission had yet to finalise all the affidavits regarding his implication.
The commission's legal team and that of Mti and Nair have agreed to sort out the paperwork related to the men's evidence with finalisation expected in early August.
A new date for the hearings will be set.
"Hearing of evidence of Nair and Mti is adjourned. Other dates will be arranged," Zondo ruled.
Mti and Nair had been implicated in the testimony of former Bosasa COO Angelo Agrizzi. Agirzzi appeared at the inquiry in January last year.
Agrizzi said Mti received cash donations and various gifts for facilitating the awarding of contracts to Bosasa by the department of correctional services.
Nair was implicated for security upgrades to his home which were funded by Bosasa, according to Agrizzi. Nair has been provisionally suspended from his position as these accusations were being probed.
On Monday, the commission heard evidence from former environmental affairs minister Nomvula Mokonyane. She was accused by Agrizzi of benefitting from monthly payments of R50 000 facilitated by former Bosasa CEO Gavin Watson.
Mokonyane benefitted from security upgrades to her Krugersdorp home that were also allegedly paid for by Bosasa, according to Agrizzi.
Mokonyane denied all the accusations. She also took offence to Agrizzi’s claims that her son’s funeral was funded by Bosasa.
Meanwhile, the commission is expected to hear the evidence of former correctional services official Patrick Gillingham on Wednesday. Gillingham was also implicated by Agrizzi.
The commission's evidence leader Advocate Viwe Notshe said the commission has yet to receive a confirmation from Gillingham on his ability to appear.
The commission resumes on Wednesday at 10 am.