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Duduzane Zuma, son of former president Jacob Zuma, was subjected to unlawful arrest when he arrived in South Africa for his culpable homicide case, the commission of inquiry into state capture heard on Thursday.
His lawyer Dawie Joubert told Deputy Chief Justice Raymond Zondo, who is heading the commission, that "no South African should be subjected to unlawful arrest".
Joubert also represents Ajay and Rajesh Gupta on a statement submitted by former deputy finance minister Mcebisi Jonas who claimed that the Guptas offered him R600m if he accepted the finance minister post.
Joubert was drawing a parallel between the experiences of the young Zuma and the fears of the Gupta brothers who have said they are willing to testify but from a location outside South Africa or a place agreed upon by themselves and the commission. The testimony would be broadcast via videolink to South Africa.
"From evidence put forward by Jonas, it's clear he hasn't opened a case, yet Duduzane got arrested," Joubert argued.
He also told Zondo that in his evidence, Jonas had not indicated that he laid a criminal case against anyone, however, Duduzane was arrested.
Joubert said Duduzane did not want to testify as he was currently facing the same matter before the courts.
Zuma will reconsider if ordered by Zondo
"Because he currently is facing a parallel criminal charge in the Specialised Commercial Court he prefers if he needs to make an election under legal duress, rather than not to give evidence before this commission and take his chances. We will deal with the matter in a criminal charge he's facing," said Joubert.
Joubert said although the young Zuma refused to avail himself for testimony before the commission, he would revisit this should Zondo summon him. Previously, Jonas told the commission he had not pressed charges against Zuma or the Guptas because he did not trust crime fighting agencies in the country.
Earlier during the sitting of the commission on Thursday, Zondo faced-off with advocate Mike Hellens, SC, over the Guptas' fear of "reckless, incompetent and a national embarrassment".
Zondo argued that if the Guptas were worried about possibly being arrested and being prejudiced by the Hawks and the National Prosecuting Authority, the country had an independent judiciary that they could lean on.
"If you have an incompetent Hawks as your client says, doesn't logic say then you have very good prospect that they will mess up and you will get an order from the judge?" Zondo asked Hellens.
Hellens disputed this and said, "it does not work that way".
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