STATE CAPTURE INQUIRY: Judge Zondo allows ‘Gupta Leaks’ emails as evidence

Deputy Chief Justice Raymond Zondo is chairing the commission of inquiry looking into allegations of state capture.
Deputy Chief Justice Raymond Zondo is chairing the commission of inquiry looking into allegations of state capture.
Image: Alaister Russell/The Sunday Times

Deputy Chief Justice Raymond Zondo has paved the way for the Hawks to finally access the “GuptaLeaks” emails - by receiving them into evidence at the Commission of Inquiry into State Capture.

Zondo‚ who heads up the commission‚ on Friday morning formally ordered that the three hard drives containing 200 000 emails‚ allegedly sent between several Gupta family members and their business associates‚ be received into evidence.

This means the content of the emails can be used to cross-examine witnesses and may be used as a basis to subpoena witnesses.

Zondo said no one could have access to the “Gupta Leaks” data until it was led as evidence during the hearings‚ but anyone seeking access to the content before the hearings could make an application to the commission.


This is a significant development for the Hawks‚ who still do not have access to the original “Gupta Leaks” data and have been using media reports as a basis for their related investigations.

The unit on Thursday sent lawyers to observe proceedings‚ as the inquiry’s legal team applied for the three hard drives to be admitted into evidence.

Zondo has opted instead to order that they be “received” into evidence.

The Deputy Chief Justice was concerned that the language of “admission”‚ typically used in court processes‚ was inappropriate for a commission of inquiry.

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