Lynne Brown hits snag at state capture inquiry

The attempt by former public enterprises minister Lynne Brown to clear her name via cross-examining witnesses at the State Capture Commission of Inquiry has hit a major snag.

Deputy chief justice Raymond Zondo, who chairs the commission, has dismissed Brown’s application for the right to cross-examine former deputy finance minister Mcebisi Jonas. In his testimony to the commission, Jonas said Ajay Gupta, the Gupta family patriarch, bragged about controlling Brown and that she was protected by the controversial family.

This was relayed to Jonas by Ajay at the Gupta family compound in Saxonwold, Johannesburg in October 2015, where he was offered a R600 million bribe to become finance minister in 2015, replacing Nhlanhla Nene.

According to Jonas, Ajay boasted that the Gupta family works with Brown, who was public enterprises minister between 2014 and 2018 and was the custodian of state-owned enterprises (SOEs). SOEs have prominently featured in the corrosive state capture project.

Brown has viewed Jonas’s testimony as implicating her in scathing allegations of state capture, corruption, and fraud – hence why she applied to cross-examine Jonas to clear her name.

Zondo dismissed Brown’s application on the basis that she hadn’t put her own version of events, which would either confirm or deny Jonas’s allegations. He had scathing words for advocate Simmy Lebala, who acts for Brown.

“If you [Brown] want to cross-examine, you must put up your own version of events as I am not going to allow you to cross-examine if you admit to the allegation,” said Zondo. 

“You [Lebala] are standing there on her behalf asking she [Brown] be granted leave to cross-examine and you are not telling me whether she admits or denies the allegation. Why must I grant her leave to cross-examine if she admits the allegation?”

Lebala admitted that “no way in specific terms” has Brown denied what Jonas has said. Brown believes that some of the commission’s terms of reference refer to her as a former member of the executive, meaning that state-owned enterprises were “under my auspices” – which automatically implicates her in allegations of state capture.

Lebala said Jonas’s statement might imply that “the Guptas work with her [Brown] when she discharges her executive functions, the Guptas work with her when she initiates legislation and the Guptas work with her when she gave directions to the SOEs”.

But Zondo was not convinced, saying if Brown wants to assist the commission, she must still give her version of events.

The dismissal of Brown’s application to cross-examine witnesses adds to a growing list of the dismissal of similar applications by Zondo. He recently dismissed Ajay’s application to cross-examine former government spokesperson Themba Maseko and ex-ANC MP Vytjie Mentor, who both implicated him in allegations of state capture.

Ajay was not prepared to appear in person before the commission but was prepared to give his version of events and cross-examine witnesses via a video link from Dubai as he fears to return to SA as he might be arrested by law enforcement agencies. Zondo said he would only grant Ajay the permission to cross-examine witnesses if he agreed to return to SA and testify at the commission in person.

The commission is lining up heavyweights from the public sector to testify at the inquiry. Finance minister Nhlanhla Nene and public enterprises minister Pravin Gordhan are set to testify on October 3 and 10 respectively. Former public enterprises minister Barbara Hogan will also take the stand on October 15.