Deputy Chief Justice Raymond Zondo has instructed that a criminal case be opened against former SAA chairperson Dudu Myeni after she disclosed the name of a secret witness during her testimony.
On Friday, Zondo said Myeni should be investigated by the police for an alleged breach of the Commissions Act and regulations.
In her testimony three weeks ago, the former SAA board chairperson named a witness who was only known as "Mr X", who had implicated her in evidence he gave to the commission.
"A few weeks ago, Miss Dudu Myeni gave evidence by video link in this commission and in the process of her evidence disclosed the identity of a witness whose identity I ordered should not be disclosed. Subsequently, she furnished the commission with an affidavit in which she explained her conduct," Zondo said.
He said he and the legal team considered Myeni's affidavit since then and added: "I have instructed the legal team to assist the secretary and prepare the documentation necessary so that the secretary of the commission can lay a criminal complaint against Ms Dudu Myeni for the police to investigate a possible contravention of either Section 5 of the Commissions Act or Regulation 9 of the regulations of the commission. And that process will be taken forward urgently."
At the time, the commission's evidence leader, Kate Hofmeyr, said Myeni knew why Mr X's identity was a secret and that revealing his identity was a wilful obstruction of the commission and its processes.
- Compiled by Qaanitah Hunter