Deputy Chief Justice Raymond Zondo and evidence leader advocate Leah Gcabashe say the conflicting testimonies are concerning.
Mbalula said at the commission that the Guptas had neither offered him the position nor had he discussed it with any of the family members but had only received a call from Ajay Gupta who called to congratulate him on the appointment.
The former minister, however, acknowledged that he did not elaborate further to Madonsela about his revelation at an ANC NEC meeting of August 2011 that Ajay Gupta had called to congratulate him of his promotion before he knew about it, which he said he has sought to do in the affidavit before the commission.
Gcabashe said Mbalula was not being of assistance to the public protector because he focused on technicalities and semantics. “It is not just a matter of semantics,” Mbalula said, reiterating that Madonsela’s probe at the time focused on whether anyone besides Zuma, in particular, the Guptas, had “offered” him the ministerial post and had “appointed” him as a minister.
Zondo said, while reading the transcript of the interview between Madonsela and Mbalula, he got the impression that Mbalula ought to have spoken to the former public protector about the call from Ajay Gupta and the ANC NEC meeting of August 2011 and that he further got the impression that Madonsela tried to get the answer from Mbalula as to whether Ajay Gupta or any other member of the Gupta family told the former minister in advance that he would be promoted.
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