Zondo Commission: Former PRASA CEO Lucky Montana lays his cards on the table. Will Zondo refute?

Opinion by Don Mthethwa

Zondo Commission: Former PRASA CEO Lucky Montana lays his cards on the table. Will Zondo refute?

Former PRASA CEO Lucky Montana has publicly released his list of Annexures which were said to have been received by the State Capture Commission ahead of his testimony which was scheduled for the week of January 4 – 8, 2021.

“Herewith the list of my Annexures submitted to the State Capture Commission. These are well-structured and properly-numbered to assist the Commission in its work and to evaluate the evidence in my Affidavit.”

https://drive.google.com/file/d/1uf7dhP5WlewGJAyQfAsBCK3yGnJL5_d/view

His hearing at the Commission, which was set to begin on Monday, was then abruptly cancelled, depriving Montana of the opportunity to deliver unearthing evidence that could help the Commission to find the truth.

The release of the Annexures follows a statement by the former PRASA CEO alleging the secretariat, led by Professor Itumeleng Mosala told him his annexures were either not marked or numbered or incomplete; which then invokes the judgment of the court of public opinion upon review.

Montana says if the Commission prefers Annexures to be marked or numbered in a particular way in accordance with its established “practice”, then he should be provided with the format and invited to sit with the Commission’s team so that they work together and ensure that each Annexure is properly marked and allocated, as part of the preparations for the hearing of his testimony.

It is unclear whether Deputy Chief Justice Zondo will refute claims on Montana’s “incoherence to the prescribed processes” and further state publicly the accurate reasons behind the decision for the Commission not to admit his evidence. However, Montana says he will be seeking legal advice on the lawfulness of the Commission’s decision and decide his next course of action.
“If the legal advice suggests that the Commission’s decision is unlawful, I may approach the Courts to set aside this decision to compel the Chairperson to set a date for the hearing of my evidence without this being curtailed,” Montana said.

Don Mthethwa is a columnist for various South African publications.