JOHANNESBURG - The Gupta brothers say they will appear before the state capture inquiry if it is set up outside of South Africa.
Counsel for Ajay Gupta says another alternative will be to testify via video link because they fear arrest.
The Hawks have labelled him a fugitive of justice.
"He speaks of Hawks that are a national embarrassment and NPA that is reckless," said Mike Hellens, Ajay Gupta's counsel.
Evidence leaders, though, are not convinced it's worth travelling to Dubai.
Justice Raymond Zondo said if he finds there should be a criminal prosecution, it could be difficult to secure the Guptas’ arrest.
Judgment on their application to cross-examine witnesses who testified at the inquiry has been reserved.
Meanwhile, Duduzane Zuma, who has applied to cross-examine former Deputy Finance Minister Mcebisi Jonas, says he won’t appear before the commission because of the criminal case based on the Jonas allegations.
Jonas and Vytjie Mentor will be back at the commission for cross-examination.