Johannesburg - Former Ipid boss Robert McBride’s testimony at the state capture inquiry will mention commission chair deputy chief justice Raymond Zondo’s younger brother advocate Mxolisi Zondo.
On Thursday morning the commission’s head of legal advocate Paul Pretorius sought to deal with the possible conflict of interest regarding McBride's testimony on Mxolisi Zondo.
Pretorius explained that McBride’s mention of Mxolisi relates to an opinion he has provided relating to a disciplinary hearing that was chaired by him.
Mxolisi had chaired a disciplinary hearing relating to the illegal detention of Zimbabwean nationals by the police in 2010. Former Gauteng Hawks head Shadrick Sibiya was fired following that disciplinary hearing along with Ipid investigator Matthew Sesoko who was later rehired.
Pretorius said the parties who would be mentioned by McBride, including Mxolisi and Sesoko, had been notified of the possible conflict of interest. McBride did not object to Zondo presiding over the matter and said he trusted he would be objective.
Mxolisi supplied the commission with an affidavit and explained his history related to the disciplinary hearing and said he did not wish to cross-examine McBride.
"He will testify to a range of matters and a range of disciplinary hearings as well as inquiries. One of those inquiries were chaired by Mxolisi Zondo, the chair’s younger brother. An issue then arises whether you as chair should hear that part of the evidence. There is no objection raised by any person directly involved in this evidence,” said Pretorius.
"Considering the nature of the evidence, it is an opinion of the conduct of Mxolisi Zondo in a disciplinary inquiry where he chaired that inquiry. That record is available and the nature of the evidence by McBride is an opinion. The proportion of that evidence is minuscule, it is not something that is essential to the points that he wishes to make," Pretorius said.
Pretorius said the commission's legal team recommends that Zondo hears McBride’s evidence, but should not immediately rule on the matter of conflict of interest until a later stage.
The inquiry continues hearing evidence of McBride which will focus on the alleged capturing of law enforcement agency.