Jacob Zuma’s former trusted and powerful adviser, Lakela Kaunda, is being accused of facilitating a meeting between state capture whistleblower Vytjie Mentor and the infamous Gupta family.
In a statement submitted to the Zondo inquiry into state capture, Mentor for the first time names Kaunda as the person who allegedly called her in 2010 to arrange the meeting with the family at their Saxonwold compound.
Kaunda, who previously served as the former president’s chief of staff and spokesperson, is contesting Mentor’s claim.
She has a legal team representing her at the commission, which started in Johannesburg on Monday, after being informed that she was implicated in the state capture scandal.
Mentor allegedly says in her statement to the commission, chaired by deputy chief justice Raymond Zondo, that Kaunda phoned her to summon her to a meeting.
She says she then made the trip from Cape Town to Johannesburg in the belief that her meeting was with Zuma.
Kaunda’s legal team intends to submit to the commission that this claim is false as she had never spoken to Mentor or arranged the meeting.
Mentor, a former ANC MP, is scheduled to testify before the commission that prior to a cabinet reshuffle in October 2010, members of the Gupta family allegedly offered her the position of public enterprises minister on condition that she ensured the cancellation of SA Airways’ India route.
Mentor claimed the meeting took place at the Guptas’ Saxonwold compound and that Zuma was in the next room when the discussion took place.
Mentor made these allegations in 2016 after former deputy finance minister Mcebisi Jonas made a public statement alleging that the Guptas had offered him a R600m bribe and to promote him to finance minister.
In evidence given to former public protector Thuli Madonsela, Mentor said the meeting with the Guptas was arranged by a staffer in the presidency.
Madonsela’s State of Capture report does not mention the name of the staffer.
In an affidavit to the North Gauteng High Court in 2016, Mentor also did not identify who had called her.
The affidavit was filed at the time to oppose Zuma’s bid to prevent the release of Madonsela’s investigation report.
Mentor told Madonsela that she had been met at the OR Tambo International Airport by two unknown men who drove her first to Sahara Computers and then to the Gupta family home in Saxonwold.
Mentor said she declined the offer of the cabinet post.
According to Madonsela’s report, Zuma then walked into the room.
“She stated that the president was not angry that she declined the offer,” it said.
“He apparently said to her in Zulu, something like ‘it’s OK ntombazane [girl], take care of yourself’.”
In 2017, the Sunday Times reported how the Gupta family tried to do several business deals with Kaunda.
At the time, Kaunda admitted she had had several meetings with Tony Gupta at their Saxonwold residence but said she was “not engaged in any business relationship with the Gupta family”.
A number of legal teams representing those implicated in statements presented themselves to the inquiry on Monday, including teams for Zuma, his son, Duduzane, the Guptas, former public enterprises minister Lynne Brown and businessman Fana Hlongwane.
Advocate Michael Hellens SC, representing Ajay Gupta, told judge Zondo that he had instructions to act on the allegations made by Mentor and former government spokesperson Themba Maseko.
This means he is likely to cross-examine Mentor on her claims.
Zuma’s legal team, headed by advocate Muzi Sikhakhane, is also likely to cross-examine Mentor but informed the judge that it was awaiting all the documentation on the allegations pertaining to Zuma. Day 1 of the Zondo Commission in Parktown, Johannesburg, on Monday essentially confirmed what everyone knew – former president Jacob Zuma, his son Duduzane and his friends the Gupta family are all implicated in alleged state capture corruption.
And Zuma and his son will have to give evidence, if they have any hope – or intention – of challenging the claims made against them.
But, as yet, Zuma, his son and the Guptas are still deciding how they will respond to the allegations against them, and if they will formally apply to cross-examine their accusers.
At this stage, the accusations against them rest solely on the evidence of former ANC MP Vytjie Mentor and former Government Communication and Information Systems (GCIS) CEO Themba Maseko, but lawyers for the Guptas have already indicated that they expect to face further accusations.
Mentor has claimed she was offered the public enterprise minister post by the Gupta family at their Saxonwold home in Johannesburg, with Zuma present in the house.
The post was occupied by former ANC MP Barbara Hogan at the time.
Maseko claims he was pressured by the Guptas to place government ads in their then newspaper the New Age.He told 702 that Ajay told him: “‘I can see you are being difficult, I will talk to your superiors and you will be sorted out’. Ajay Gupta demanded me to put money in their companies.”
He claims that, prior to his meeting with Ajay, Zuma told him to “help” the Guptas.
Advocate Muzi Sikhakhane SC told deputy chief justice Raymond Zondo that Zuma wanted an opportunity to respond to the evidence given by Maseko, Mentor and GCIS deputy director Phumla Williams.
But he said Zuma would need time to decide how to respond and had only received notices that he was implicated by Mentor and Maseko’s evidence on August 3.
“The issue that makes this difficult for us is that we have raised a lot of questions ... to obtain certain documents because we want to make a meaningful participation in this very important process.
“So we’ve asked for documents that we believe will make it easier for us to know what case we have to meet.”
Following requests by the legal teams for Zuma and the Guptas, inquiry lawyers have agreed to provide them with “evidence bundles” relevant to the claims against them.
Sikhakhane said Zuma’s team wanted time to be able to make a decision on whether he should make a written statement to the commission.
If Zuma provides such a statement, it will be the first time he has responded under oath to state capture allegations against him.
Former public protector Thuli Madonsela spent four hours trying to coax Zuma into answering basic questions about the allegations against him contained in her State of Capture report, but he and his then attorney Michael Hulley insisted Zuma would need legal advice before answering.
Madonsela was unimpressed, as transcripts of her interview with Zuma reveal.
“If we are starting with, for example, why did you remove Minister Nene, why do you need somebody to legally advise you, because that is a decision you took yourself without legal advice?” she asked Zuma.
Zuma has never given a substantive response to allegations that he essentially outsourced his power to fire and hire ministers to the Guptas.
Should Zuma disagree with evidence given by Mentor, Maseko or Williams, his lawyers will have to formally apply for the right to cross-examine whichever witness’s evidence he disputes. He can be subpoenaed to give evidence, or may do so voluntarily.
What is crucial is that any cross-examination that disputes Zuma’s involvement in alleged state capture will have to be backed up by the testimony of Zuma himself.
And that is why Zuma’s lawyers will have to think long and hard about if, how and to what degree they involve him.
On Monday, Zondo pleaded with municipal and government officials, or members of the public who might have information on state capture, to come forward with evidence.
Acting National Treasury chief procurement officer Ndleleni Willie Mathebula is expected to be the first witness to testify on Tuesday.
- TimesLIVE