State capture commission ‘would collapse’ if Zondo is recused

The commission’s chairperson, Deputy Chief Justice Raymond Zondo, its evidence leader Paul Pretorius and former president Jacob Zuma's legal representative Muzi Sikhakhane all agreed that the commission would collapse without Zondo. 

Zondo’s recusal could see almost a billion rand flushed down the drain. 

Zuma's application to have Zondo recuse himself as chairperson of the commission was argued on Monday.

Zuma has cited Zondo’s alleged bias and the fact that the judge fathered a child with his ex-wife's sister as the reason for the application.

Shortly after an adjournment, as Pretorius was getting ready to rebut, Zondo called back Sikhakhane to deal with certain legal issues.

Zondo quizzed the advocate on what would the plan be should the application succeed.

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"Chair, I'm surprised that a commission of this nature only has one person. That on its own was a political blunder - dare I say.

"I think to have one person on a matter that is so vulnerable to contradictions should not have been done.  I don't know what you would do, but it does not nullify my grounds," Sikhakhane said.

"You're making your problem mine," he continued. "I have no desire to have this commission collapse.

"There is something wrong in how this commission was established. It was politically motivated. Those who thought about this they thought about sinking Zuma and nothing else."

Pretorius - during his argument - said there was no merit to the application.

He said there was an apprehension of bias, but no actual bias was proven by the applicant.

Pretorius said he also failed to understand how the commission requesting Zuma to tell his side of the story constitutes bias.

"In short Mr. Zuma must be heard.

“There is no doubt the Zuma is central to the proceedings and that is why, chair, you want to hear his evidence"

He also echoed sentiments that the commission would collapse if Zondo was removed.

"What is to happen to the contradictory evidence, who is going to make finding about credibility? What if the new chair also believes that this was a political conspiracy? 

"The situation on the narrow interpretation that you must recuse yourself for this week is unworkable.”