This, after his legal representative Advocate Dali Mpofu’s earlier submission for Mokhesi to be exempt from taking a witness stand today. Mpofu appealed to Deputy Chief Justice Raymond Zondo to grant Mokhesi a postponement on the grounds that he might answer self-incriminating questions should he be compelled to testify now. 

OFM News earlier reported that Mokhesi, who was the department’s Accounting Officer, was key to ensuring that the Gauteng-based Blackhead Consulting and Diamond Hill Trading Joint Venture adhere to the 2014 contract to identify and remove asbestos roofs in the province. Whilst the companies did not replace any asbestos roof in the province, the millions paid by the department remain unaccounted for.

Mpofu argued that Mokhesi is in a position where he has not been criminally charged for anything relating to the asbestos deal and poses a risk of incriminating himself should he take the stand. “It is a personal right to refuse to disclose information on certain topics,” he added.

Evidence leader Adv. Paul Pretorius, however, argued that Mokhesi is a key witness and that granting him a postponement will set a precedent for other upcoming witnesses. Pretorius told Zondo that Mokhesi is seeking a privilege against self-incrimination, but this is only applicable in a criminal case which is at this stage not extended to Mokhesi.

Officials involved in the project are alleged to have received bribes in the form of money, cars, and other goods. In an investigative report which found the Free State Human Settlements Department guilty of improper conduct involving this project, Public Protector Busisiwe Mkhwebane said there was no value for money and that the provincial department participated in an expired contract of the Gauteng Human Settlements Department, and failed to conduct a due diligence investigation before participating in it.

Meanwhile, Zondo has dismissed Mpofu’s appeal and announced Mokhesi will have to take the stand shortly after a tea adjournment.

This is a developing story.

OFM News