Daily Maverick

Former spy boss Fraser ignored us, says State Capture inquiry

- By Greg Nicolson

Former State Security Agency (SSA) and Correction­al Services boss Arthur Fraser ignored multiple opportunit­ies to present his side of the story at the State Capture Inquiry and had declined an offer to submit evidence he claimed would expose corrupt presidents and judges, the inquiry said in a statement on 21 October.

It was responding to an objection Fraser had lodged with the panel appointed by President Cyril Ramaphosa to compile a shortlist of candidates for the position of chief justice. Fraser said inquiry chair Deputy Chief Justice Raymond Zondo, one of eight candidates being considered, is “no longer fit to be a judge, let alone chief justice”.

Fraser was appointed to lead the SSA by then president Jacob Zuma in 2016 and has been implicated in corruption at the spy agency, large parts of which were allegedly repurposed to protect Zuma and his allies.

In one of his last acts before he was replaced as Correction­al Services national commission­er, Fraser controvers­ially granted Zuma medical parole in September.

Zondo “made sure that I neither present my version, nor get an opportunit­y to cross-examine those he called to testify against me. No independen­t-minded judge would act in this manner,” Fraser told the panel. He said Zondo allowed 10 witnesses to “present falsehoods” but did not give him a chance to defend himself.

Fraser’s attacks on Zondo follow a similar approach to that of Zuma, who repeatedly claimed Zondo was biased against him and that he had been treated unfairly. His refusal to participat­e in the contempt proceeding­s ultimately led to his imprisonme­nt. Fraser and Zuma are both represente­d by Mabuza Attorneys.

In responding to Fraser, the commission pointed out that he had declined opportunit­ies to participat­e and present evidence.

Under the commission’s Rule 3.3, the inquiry is required to inform parties who are implicated by a witness. Those parties can then apply to present their own evidence.

“It is not clear why, if Mr Fraser felt that he had been implicated by certain witnesses in wrongdoing, he did not follow the Rules and apply for leave to testify,” the commission said in its statement.

In July 2020, advocate Muzi Sikhakhane, representi­ng Fraser, told the commission his client was prepared to reveal state secrets and expose “past and present” presidents, judges and parliament­arians who had subverted the state.

The inquiry said one of its investigat­ors had contacted Fraser’s attorney to arrange an interview, but the attorney said they would use “their own channels and methods” to further Fraser’s claims.

In April 2021, Fraser applied for access to SSA documents he planned to use to make his submission to the commission, which resulted in an agreement for the two parties to enter into discussion­s. Zondo told Fraser he could return to the commission for help should those discussion­s fail. Fraser never informed the inquiry of the outcome of the discussion­s, the commission said.

It said Fraser had applied to cross-examine witnesses and that his applicatio­n would be “decided shortly”.

 ?? Photo: Veli Nhlapo/Gallo Images ?? Deputy Chief Justice Raymond Zondo.
Photo: Veli Nhlapo/Gallo Images Deputy Chief Justice Raymond Zondo.
 ?? Photo: Jaco Marais/Gallo Images ?? Former spy boss Arthur Fraser.
Photo: Jaco Marais/Gallo Images Former spy boss Arthur Fraser.

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