Deputy Chief justice Raymond Zondo has denied the Guptas leave to cross-examine the witnesses at the state capture inquiry.
However, he has granted former president Jacob Zuma and his son Duduzane Zuma leave to cross-examine former deputy finance minister Mcebisi Jonas.
According to EWN reporter Gia Nicolaides, the Guptas said they were not going to come into South Africa to testify for the fear that they will get arrested.
She says Zondo said that they will be given an opportunity when they are ready to come into the country and testify it won't happen on their terms.
He says until they are ready to come and testify here, they will not be granted permission to cross-examine these witnesses.— Gia Nicolaides, EWN reporter
If they do decide to come to South Africa and testify he would be happy to reconsider the application and most likely give them the opportunity to cross-examine.— Gia Nicolaides, EWN reporter
Zondo said that he granted Zuma an opportunity to cross-examine after he agreed to testify. He commended him for co-operating with the commission.
He actually wants the former president to submit his version in an affidavit.— Gia Nicolaides, EWN reporter
However, Jacob Zuma came out on Wednesday saying that he doesn't believe that the state is captured.
Associate professor of law at Wits, James Grant says he doesn't understand why Zondo would ask Zuma to submit an affidavit. He says Zondo is entitled to call someone to take the stand as a witness.
Grant says it is concerning that the country won't hear from the Guptas in this inquiry but at the same time it is good that the commission has taken a position that no one gets special treatment.
There are special functions that are achieved by having someone testify in person. It is not by accident that people are required to testify in person in front of the accused so that the judge or the commissioner can observe this person.— James Grant, Associate professor of law at Wits
That is the important part of the testimony that we see the person shifting uncomfortably, sweating or stuttering. All these things matter and they feature very strongly with the judge or adjudicator.— James Grant, Associate professor of law at Wits
To hear the rest of the interviews on the commission of inquiry into state capture, listen below: