I stand ready to face Magashule in any court, ex-Free State MEC tells Zondo commission

Former Free State economic development MEC Mxolisi Dukwana at the state capture inquiry. (Screengrab)
Former Free State economic development MEC Mxolisi Dukwana at the state capture inquiry. (Screengrab)

Former Free State economic development MEC Mxolisi Dukwana says he is still waiting for ANC secretary-general Ace Magashule to make good on his threats by initiating legal action against him.  

Dukwana was testifying on Tuesday for a second time before the judicial commission of inquiry into allegations of state capture.

In April, during an exclusive interview with eNCA, Magashule threatened to take Dukwana to court as well as journalist Pieter-Louis Myburgh who penned a book titled Gangster State: Unravelling Ace Magashule's Web of Capture.

"I am going to a court of law and I want people to come to a court of law. There is a difference between a commission and a court of law," Magashule said at the time.

When asked to comment ahead of Dukwana's testimony, Magashule said: "Dukwana, what is explosive? Nothing explosive there."

Dukwana previously alleged Magashule had introduced him to the controversial Guptas who were accused of using their relationship with former president Jacob Zuma to loot the state, News24 previously reported.

He claimed Magashule had taken him to the Guptas' home under the pretext they were going to attend a fundraiser for the office.

Instead, he was told he needed to sign a letter agreeing to put the Guptas in charge of a construction project.

The family is also accused of controlling members of the executive and operations at state-owned enterprises. 

Dukwana told inquiry chairperson Deputy Chief Justice Raymond Zondo that following Magashule's threats, he had instructed his lawyers to contact Magashule's lawyers to ask for court papers pertaining to the legal threats. 

"I was making it easier for him [Magashule]," Dukwana said, adding he did not want to make it difficult for Magashule to find him because he was no longer in government employ.  

He said he had received correspondence from Magashule's office acknowledging receipt of his letter, however, to date, his lawyers have not yet received legal documents from Magashule, or any correspondence such as a letter of demand for him to retract his submissions. 

"I stand ready to face Mr Magashule in any court," he told the commission.   

Dukwana is expected to implicate more than 30 people in his statement, which is before the commission. 

Advocate Mike Hellens SC, representing one of the implicated persons, told Justice Zondo his client did not want to be mentioned before investigations were conducted. 

Hellens said the commission should investigate "responsibly", adding Justice Zondo should ensure "speculative evidence" was not placed before the commission. 

However, Dukwana's lawyer, Smanga Sithini, said his client believed no one should be treated differently.

He also made reference to Zuma, who appeared before the commission, saying he had mentioned certain people and accused them of being spies. Sithini said those people have now taken Zuma to court. 

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