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Recusal bid kicks off Nkandla hearing

Publish date: 09 October 2014
Issue Number: 3614
Diary: Legalbrief Today
Category: Corruption

The first appearance of Durban official Sibusiso Chonco at the disciplinary hearing on Nkandla began with the Public Servants Association calling for the chairperson, Advocate Thulani Khuzwayo, to recuse himself, notes a report in The Mercury.

Chonco, the Department of Public Works' Utilisation and Contracts deputy director, appeared on charges of deviating from procurement processes during the security upgrades at President Jacob Zuma's private residence in Nkandla. According to the Special Investigating Unit report on the project, Chonco and other department directors flouted the open tender procedures in approving 'a nominated procurement strategy for emergency building and civil works'. The report also states that, out of the 15 contractors and consultants appointed for the project, only two were awarded contracts after valid procurement processes. The Mercury says at yesterday's brief hearing, Chonco's representative - PSA labour relations officer Roshan LilRuthan - made a submission for Khuzwayo to recuse himself. Lil-Ruthan argued that Chonco could be prejudiced, as Khuzwayo was already chairing Jayshree Pardesi's disciplinary hearing, which began on Monday. 'By participating in both matters, we feel this could cloud your objectivity, as evidence may cross-pollinate, which would be unfair to Chonco,' said Lil-Ruthan. However, Khuzwayo ruled that, since the charges were different for Chonco and Pardesi, he could not see how it would be unfair for him to chair both hearings, and he would therefore continue. The report notes Chonco's hearing continues on 29 October, and he is expected to plead on 4 November. Full report in The Mercury (subscription needed)

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