Deputy chief justice and chair of the commission of inquiry into state capture Raymond Zondo has dismissed former president Jacob Zuma's application for his recusal.
Zondo said Zuma has failed to meet the test for a recusal which was set by the Constitutional Court in a matter involving the former SA Rugby Football Union president Louis Luyt.
Zondo said if Zuma was of the opinion that Zondo should not have chaired the commission on grounds that he believed they were friends, he should have raised the issue with chief justice Mogoeng Mogoeng who nominated him to chair the commission.
He said it was now close to three years since his nomination to chair the commission.
"The applicant [Zuma] cannot be allowed to raise this issue so late in the day," Zondo said.
Zuma's lawyer Muzi Sikhakhane SC indicated that they will excuse themselves from the proceedings as Zuma wants to lodge a complaint against Zondo with the Judicial Services Commissions because the deputy chief justice has become "both the judge and a witness" in a matter that involved him.
The commission has adjourned for a tea break.
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