Former finance minister Malusi Gigaba has applied to the Zondo commission to suppress as inadmissible the evidence of his estranged wife Norma Nomachule Mngoma, or alternatively hear her evidence behind closed doors.
The application was filed before the state capture commission, chaired by deputy chief justice Raymond Zondo, on March 26 after Mngoma filed her affidavit 20 days earlier, on March 6. Mngoma is yet to appear before the commission and give evidence.
However, a recent judgment of the high court found that Hawks officials had abused their power by unlawfully arresting her — at the behest of her estranged husband — after she damaged a car that he was driving. Charges against her for malicious injury to property were later dropped. But, she has said, information seized from her electronic devices by the Hawks is yet to be returned.
Mngoma said that the removed information about Gigaba’s visits to the Guptas related to the “exact matters” that she was due to give evidence about. “This is definitely no coincidence. It, therefore, seems obvious that the Hawks were involved in a corrupt conspiracy with Mr Gigaba, whose purpose was to tamper with and remove essential evidence of his allegedly corrupt association with the Guptas, to which I was one of the eyewitnesses,” said Mngoma.
Gigaba has asked the commission to rule that Mngoma’s affidavit is inadmissible. Alternatively, that if she is allowed to give evidence, it be done behind closed doors. This would include his cross-examination of her. Also, that her affidavit will not be disclosed to the public unless, and only to the extent that they are referred to in the commission’s final report.