- Former SAA chair Dudu Myeni finally made an appearance at the Zondo Commission on Tuesday afternoon - virtually.
- This was after she did not obey a summons to appear in person already at 09:00 in the morning.
- Myeni claims there was a misunderstanding.
After a no-show on Tuesday morning, former South African Airways (SAA) chair Dudu Myeni managed to join the Judicial Commission of Inquiry into State Capture by late afternoon, albeit online and not in person as she had been summonsed to do.
As soon as she was given an opportunity to speak, Myeni told Zondo that there was "a misunderstanding and miscommunication" about her not attending from the start of the proceedings.
"It was not intended for me not to cooperate. I never intended to disrespect the commission and I apologise," she told Zondo.
When proceedings started on Tuesday morning, Myeni's legal representative told Zondo that he had asked her attorney to inform her she should still appear before the commission, regardless of her intention of asking for a postponement. She requested her legal representative to find out if arrangements could be made for her to testify online or on another date.
He said she certainly was not reluctant to appear.
Evidence leader advocate Kate Hofmeyr argued that the question of a postponement would not even have to be dealt with if the commission finds Myeni to be in defiance of the summons, which is a criminal offence. Myeni's legal representative in turn claimed his client is not in defiance of the summons. He said he is trying to make practical arrangements for her to testify online. He claimed Hofmeyr had misunderstood him regarding Myeni's whereabouts on Tuesday morning.
Zondo responded that, even if she is allowed to give evidence, it does not necessarily mean a criminal charge cannot be laid in terms of her not having obeyed the summons to appear in person. He instructed the secretary of the commission to take steps to lay a criminal complaint with the SA Police Service against Myeni for acting in breach of the summons and ordered her to make herself available to testify on Tuesday afternoon, even online if necessary.
In order to make up for the time lost in order to get Myeni to connect online, Hofmeyr informed Zondo that Myeni had in the meantime agreed to answer 24 questions which she had, during a previous appearance, refused to answer, claiming she did not want to incriminate herself. Myeni has agreed to answer these by means of an affidavit.
Zondo gave her until 7 June this year to do so. The questions mainly relate to SAA.