Former SAA board chairperson Dudu Myeni faces a criminal charge for unmasking an anonymous witness of the commission of inquiry into state capture in direct breach of its rules on protection of witnesses.
Myeni, who has for the past two days refused to answer questions related to her tenure at the SAA board citing fear of self-incrimination, has managed to put her foot in it by revealing the identity of a witness only known as Mr X. .
During an emotional rant on her second day of giving evidence at the commission, Myeni exposed the name of Mr X, who is said to have been in witness protection for a year. Mr X had implicated Myeni on allegedly accepting kickbacks worth millions of rand during her tenure as chairperson of the uMhlathuze Water Board.
Myeni told the commission she did not understand why Mr X’s identity was kept a secret and went on, against warnings by chairperson deputy chief justice Raymond Zondo, to say that the witness was her close family member.
Although Myeni mentioned the surname of Mr X, Zondo ruled that the media should refrain from doing the same in its reporting. The commission’s evidence leader Kate Hofmeyr submitted that Zondo should instruct that criminal charges be laid against Myeni as her actions amounted to obstructing the work of the commission.
“Section 5 of the Commission’s Act makes it an offence for a person to willfully obstruct the work of the commission. Today Ms Myeni breached this. Chairperson, you made it clear to her that you had given a ruling that Mr X's identity was not to be revealed. Against that background, despite those facts, Ms Myeni revealed the identity of Mr X, a conduct that is liable to deter future witnesses from coming forward,” Hofmeyr said.
“We submit that you direct the secretary of the commission to lay a charge against Ms Myeni for contravening section 5 of the Commissions Act. It is our submission that this commission requires matters like this to be dealt with resolutely.”
Zondo said Myeni’s actions were not to be taken lightly as they might discourage witnesses from giving evidence anonymously at the commission. He said he was disappointed in Myeni, and that he felt she disrespected the commission and by extension himself as its chairperson.
“What you did it seems to me would discourage other witnesses who want to give evidence before the commission anonymously when they fear for their safety or lives, something that is very crucial to the work of the commission,” Zondo said.
He ordered Myeni’s defence to make a submission on her digressions on Monday after which he would decide what action to take. The SABC and eNCA had to take down videos of Myeni’s evidence where she exposed the name of Mr X by late afternoon yesterday.
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