Zondo declines Bain & Company’s request to make affidavit public

The chairperson of the State Capture Commission, Deputy Chief Justice Raymond Zondo has rejected an application by Bain & Company, to publicise its affidavit, in response to damning allegations levelled by a former employee.

Zondo announced his decision on Wednesday, March 24, 2021, at the commission, which continues hearing evidence related to the US-based firm and its questionable work with the SA Revenue Service (SARS).

Bain & Company scored a R187-million contract to restructure SARS after Tom Moyane’s appointment as commissioner in 2014, however the legality of that deal has since come into question. The firm, represented by its legal counsel advocate Alfred Cockrell, has taken issue with the testimony of its former partner Athol Williams. He made damning allegations against Bain & Company and its bosses, claiming they were knee-deep in capturing SARS, presumably with Moyane at their beck and call.

Zondo: Bain & Company failed to submit application

The chairperson highlighted that Bain & Company failed to apply for leave to testify. Zondo said the legal framework applicable to the proceedings, made it clear that the company was well within its right to apply, but opted not to.

Zondo said had Bain & Company submitted an application for leave to testify, it would have then been possible to include witnesses who would take the stand after Williams.

“If they had made such an application, then such an arrangement could have been made. It’s clear that its version could have been articulated by its own witness, maybe the same day as Mr Williams or the following day. The fact that that is not going to happen is because Bain elected not to make that application”

DCJ Raymond Zondo

Delivering his ruling, the DCJ said there was nothing special about the matter that would warrant a grant from him.

“If there is any unfairness, it seems to me that the flow stems from Bain’s failure to apply for leave to give evidence because, as I have said, if it had done so and it had sought to make sure that its witness gave evidence as soon as possible after Mr Williams has given his evidence, that could well have been arranged,” Zondo said.

“In this circumstances, I am of the opinion that this is not a case in which I should provide the written permission contemplated in regulations 11 (3) A and accordingly I decline to provide such permission.”

Bain & Company had also submitted an application to cross examine Williams, but Zondo said that request would be ruled on at a later stage.