Commission of Inquiry

There was a planned workflow of investigations starting with the Lushaba matter followed by the Mokwele matter and then Madondo matter, but investigations were halted due to allegations which led to stepping back.

“We had a plan of action into what we were going to do with our investigations. So we started with the Lushaba matter, first case matter. And then there was going to be a short break and then we go with the second matter which is the Mokwele matter. And after that there will be a short break and then we would have went onto the Madondo matter and then followed through with the others. So if, for example, if there was, what we have done is that we respected that there was going to be a Commission of Inquiry or the Commission of Inquiry, the Commission and the other committee that, with respect, we stepped back because of the allegations and we stepped back.”

There are serious allegations against Mr Sayed, a director of Carnilinx, but there have been no proven criminal cases and charges against him; the Commission can rely on these allegations in its inquiry context.

“And it is not just about Carnilinx as an entity, it is about Mr Sayed, who is a director of Carnilinx. So it relates both to findings against Carnilinx of illegal tobacco trading, not based on media reports, and I will go to Mr Mazzotti's own affidavit to bear out that submission. But also, our evidence is based on Mr Mo Sayed's alleged conduct and at no point have we ever said that there are proven criminal cases and charges against Mr Sayed, but there are very serious allegations and in the context of a Commission of Inquiry, we are entitled to rely on that and to consider that in the course of the investigation of the Commission.”

Advocate Khumalo SC asserts that the affidavit does not explain how or when the physical cash was given or that it was in possession, which is insufficient when explaining a large sum of money to the Commission.

“You do not say when , as in the date when you were given cash , how it came to you , what you did with it , how it came about that it was in your possession . You just say in passing that these are proceeds of a sale of a truck my brother wanted to buy another truck . That is really all you say . And in circumstances where you are called before a Commission of Inquiry to explain the source of such a large sum of money in your possession , this is not satisfactory .”