State capture inquiry admits Gupta leak e-mails as evidence

The explosive “Gupta leaks”, which revealed the extent of the controversial Gupta family’s influence over various state organs at during the Jacob Zuma presidency, have been admitted into evidence at the State Capture Commission of Inquiry.

Deputy Chief Justice Raymond Zondo ruled on Friday the Gupta leak e-mails, which are stored on original and cloned hard drives, can be investigated and admitted into evidence at the inquiry.

Zondo’s ruling also paves the way for witnesses, who are implicated in scathing allegations of corruption and fraud, to be questioned at the inquiry based on the e-mails.

The trove of e-mails, contained in a hard drives with about 300 000 emails, were leaked to the media, blowing the lid on how members of the Gupta family made key cabinet appointments and unduly profited from state-owned entity tenders.

Zondo admitted a forensic image of the original hard drive and two copied of it.

He ruled that if anyone, including implicated witnesses, is seeking access to the data contained in the hard drives, they must make an application to the inquiry evidence leaders.

They should seek leave of the inquiry. 

Zondo threw in this condition as he anticipated that witnesses that are implicated might want to access the data and emails to deterine their authenticity.

On Thursday, the inquiry’s legal team asked Zondo to consider admitting the hard drives, which are currently kept in safekeeping by the commission, into evidence.

Evidence leader advocate Kate Hofmeyr argued on Friday that the inquiry’s terms of references states that the inquiry may receive any information or data, including the Gupta-leaks, that is relevant to its mandate.

The commission has lined 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.