Former president Jacob Zuma has been invited by the Zondo commission of inquiry into state capture to answer in person allegations that he directly facilitated favours for the Guptas to help the family get government business.
The Sunday Times can reveal that the commission, chaired by deputy chief justice Raymond Zondo, has written to Zuma, asking him to say whether he used information he came across as head of state to enrich himself and the Guptas.
The commission - which gets under way in Johannesburg tomorrow - wants Zuma to tell his own version and has given him the option to give evidence in person.
It would be the first time Zuma has responded under oath to questions about his role in state capture. He has previously denied playing a role in enriching the Guptas.
He may call witnesses to testify in his favour. If the commission agrees to a request from the Guptas' lawyer, Zuma's legal team may be given the opportunity to cross-examine witnesses who implicate him in state capture.
Zuma and Ajay Gupta are expected to be implicated in testimony to be presented by the first round of witnesses this week.
The Sunday Times understands that Zuma has been informed that he has been implicated in unlawful and improper conduct that also includes the violation of his constitutional obligations.
The testimony of former ANC MP Vytjie Mentor and erstwhile Government Communication and Information System (GCIS) head Themba Maseko will put Zuma's relationship with the Guptas at the centre of state capture.
It is understood that former deputy finance minister Mcebisi Jonas will also present testimony that may be damaging to the former president.
Zuma is accused of violating his constitutional duties by facilitating deals for the Guptas. He also allegedly failed to act when Ajay allegedly offered Jonas a bribe of R600m in 2015 if he agreed to be finance minister and in turn directed government deals to the family.
Mentor is expected to testify that she was called to the Guptas' Saxonwold compound and offered the job of public enterprises minister by the Guptas while Zuma was in another room.
Maseko is expected to give a detailed account of how Zuma called him while he was en route to a meeting with the Guptas, and told him to help them.Zuma allegedly told Maseko: "My brother, there are these Gupta guys who need to meet with you and who need your help. Please help them."
In the meeting with Ajay, Maseko was allegedly asked to transfer all government advertising spending to the Gupta newspaper, the New Age.
Later, when Maseko wouldn't comply, Ajay told him he was being unco-operative and threatened to ask his superiors in the government to deal with him.
It's understood that the commission has asked Zuma about Maseko's version of events. Zuma has also been asked if he gave orders for Maseko to be fired from his position in 2011 when he refused to assist Ajay.
When former public protector Thuli Madonsela tried to ask Zuma these questions, he stonewalled her and refused to answer a single one.
Efforts to have Zuma answer in parliament were also fruitless as he skirted around questions from opposition MPs.
Not only was Zuma asked by the state capture commission to respond to the accusations against him, he was also reminded which part of the law he will have transgressed if the accusations levelled by Mentor, Maseko and Jonas are proven to be true.
Zuma's spokesperson, Vukile Mathabela, did not respond to questions, including whether he would come forward to give testimony himself. His lawyer, Dan Mantsha, could not be reached.
In preparation for the public hearings this week, investigators - mostly lawyers - were meticulous in trying to corroborate witness statements. They will rely on technical evidence such as call logs and vehicle-tracking records to confirm the accusations made.
Insiders close to the commission said that, among other things, Ajay had to answer to whether he received information that was not public from Zuma and other government officials to assist his businesses.Gupta lawyer Rudi Krause yesterday said his clients had agreed to give evidence before the commission but there were "a few technical issues to be sorted out".
He added: "We have responded to the commission. Our clients will participate. There are a few things we have to sort out on Monday about late issuing of notices and other things, but we will co-operate. They will come and we will also cross-examine witnesses if the commission agrees."
Krause said the Guptas were ready to answer the case against them.
Justice minister Michael Masutha said this week that the commission had not sought his assistance to bring the Gupta brothers from Dubai to testify before it.
The commission said on Friday that it would call its first round of witnesses for public hearings tomorrow and that the hearings would last between three and six weeks.
Acting GCIS head Phumla Williams has been called too. She is expected to be grilled about how millions of rands went from GCIS to the Gupta-owned New Age bank account.
Investigators are said to have found a paper trail of illegal transactions involving advertising worth millions of rands from the government. Williams did not answer repeated calls for comment.
National Treasury official Willie Mathebula, who acted as chief procurement officer, has been called to give evidence on a report the Treasury compiled on state-owned entities and their involvement with Gupta businesses.
Commission spokesperson Mbuyiselo Stemela said there were other witnesses who the legal team was identifying and consulting with...