Former spy boss Fraser ignored us, says State Capture inquiry
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”.