Agrizzi arrest ‘could scare off witnesses’
Apprehension of whistle-blowers could hinder inquiry’s prospects of uncovering more graft
The arrest of former Bosasa official and whistle-blower Angelo Agrizzi for alleged corruption could scare off potential witnesses from the Zondo commission, possibly hindering its prospects of uncovering more corruption.
“The latest developments serve as a spanner in the works for the commission, as the arrests, while welcome, perhaps will have a chilling effect on the willingness of other whistleblowers to appear before the commission,” constitutional law expert Phephelaphi Dube said.
Agrizzi’s own appearance at the Zondo commission is now in doubt after he was charged, which marked the first arrest of witnesses since the commission started in August 2018.
The former COO’s lawyers said he was charged hours after his legal team provided the Hawks with information about the company’s alleged bribery of a minister and an MP.
“Mr Agrizzi has been cooperating fully with the inquiry into state capture, and the Hawks, so this arrest came as a shock,” Agrizzi’s attorney Daniel Witz told Business Day. “We will be seeking urgent legal advice on whether Mr Agrizzi can and should continue assisting the state-capture inquiry, given that the subject matter he will be questioned and cross-examined on may have a direct bearing on his prosecution,” Witz said.
“Mr Agrizzi has sought to assist this commission as much as possible, but he also needs to ensure that his rights to a fair trial are protected.”
Agrizzi was due to be crossexamined by lawyers representing the government, the National Prosecuting Authority (NPA) and ANC officials he has claimed were bribed in the coming weeks.
The Zondo inquiry’s spokesperson Mbuyiselo Stemela declined to comment on the effect Agrizzi’s and several other witnesses’s arrests would have on this process.
While the rules of the statecapture inquiry do not allow for self-incriminating testimony to be used against a witness in a criminal case, such testimony can assist the state prepare for
that witness’s cross-examination. A decade after the Special Investigative Unit (SIU) handed a report into Bosasa to the NPA and the Hawks, Agrizzi, former Bosasa CFO Andries van Tonder and former CFO of the department of correctional services Patrick Gillingham finally appeared in court on Wednesday. Van Tonder also testified at the Zondo commission.
They, together with Frans Vorster and Carlos Bonifacio — who was charged separately in another Bosasa-related matter
— were all released on Wednesday on R20,000 bail each.
The arrests come mere days into the term of new NPA boss Shamila Batohi, and the day before President Cyril Ramaphosa’s state of the nation address. The president said on Tuesday the country would be “cleansed” of corruption and that “people will be going to jail”.
Former correctional services commissioner Linda Mti, who was listed on the draft charge sheet, was not present in court. Prosecutor Peter Serunye said it was hoped Mti would be added on Thursday.
Mti was charged with six counts of contravening the Public Finance Management Act and one count of corruption.
Though Bosasa CEO Gavin Watson was mentioned extensively at the state capture inquiry, he did not feature in the SIU investigation.
Business Day has established that the Hawks are investigating multiple other cases of corruption outlined in Agrizzi’s testimony, but currently do not have the evidence to charge Watson.
Agrizzi, who worked at Bosasa was Watsons from’ 1999 right-hand to 2016 man, and testified for more than a week at the inquiry into state capture about corruption and bribes relating to the company’s contracts with the government.
He told the commission that every contract between the state and Bosasa was tainted by bribery and corruption.
Agrizzi gave details about how Bosasa allegedly gave bribes to Mti and Gillingham, and how it provided and furnished Mti’s home and bought cars, among other things, for Gillingham and his daughter.
Both Bosasa-related matters were postponed to March 27.
MTI WAS CHARGED WITH SIX COUNTS OF CONTRAVENING THE PUBLIC FINANCE MANAGEMENT ACT AND ONE COUNT OF CORRUPTION