Fingered in Bosasa scandal over home security
THE Magistrates Commission has launched an internal inquiry into allegations that Chief Magistrate Desmond Nair accepted a security system installation for his Pretoria home from corruption plagued Bosasa.
On Thursday during the Inquiry into State Capture, Bosasa’s IT specialist Richard le Roux testified that executive Trevor Mathenjwa instructed former chief operations officer Angelo Agrizzi to attend to installations at Nair’s home. A security camera system, alarm beams and an electric fence were installed at a cost of R200 000, said Le Roux.
Nair, a Pretoria Chief Magistrate – said to be the first judiciary member to be implicated – had presided over the bail application of disgraced athlete Oscar Pistorius.
Magistrates Commission secretary Mahomed Dawood said the matter was now part of an internal inquiry, while the co-chairperson of the Law Society of South Africa, Ettienne Barnard, said: “At this stage the allegations are untested, and Mr Nair must be given an opportunity to respond.”
Through his legal team, Ulrich Roux and Associations, Nair issued a letter to the secretary of the State Capture Commission. He questioned why he was not informed he would be implicated and cited the rules governing proceedings.
“We place on record that the said rule affords our client the opportunity to receive formal prior notification that he will be implicated in the evidence of a witness of the commission. Despite these provisions, our client was not given formal notification in accordance with Rule 3.3.”
He requested a transcript of Le Roux’s evidence to the commission as well as the affidavit deposed to him, plus all supporting documentation, including, electronic communications and invoices referred to in his testimony.
They gave the commission until yesterday to respond.
Political analyst Bheki Mngomezulu said many questions arose following the allegations. “What did Mr Nair do to deserve this offer? If he had not done anything, what was the anticipated favour that was expected from him?
“On what grounds did he approve of this installation? Importantly, what necessitated such security installations to his home?”
Mngomezulu said the immediate impact on Nair’s integrity was dire, adding that there was no smoke without fire.
“The sooner Magistrate Nair gives his side of the story the better. But either way, his image has been dented. It is only him who can resuscitate it.”
Former Justice of the Constitutional Court, Zac Yacoob, said The Magistrates Commission needed to investigate swiftly.
“It is impossible to judge the situation before he (Nair) gives his version. Every detail needs to be heard and the evidence needs to be specific.
“One thing is for sure, you simply cannot hide R200 000 worth of expenditure. We need the truth. We can’t have someone sitting on the Bench with such allegations hanging over his head.”
Justice Yacoob added that if the allegations were true, Nair needed to be “fired with immediate effect. If not, a statement needs to be made by the investigators accordingly”.
Le Roux said he personally monitored the installations at Nair’s home but said he did not know who Nair was at the time
and he was merely following instructions from his superiors.
“Chair, we installed a full electric fence, a full IT system and a full alarm system with beeps,” Le Roux told the inquiry.
He said he was instructed by Agrizzi, the private security company’s chief operating officer at the time.
It is alleged Agrizzi was acting on the orders of Bosasa executive, Mathenjwa.
Le Roux testified that Agrizzi had been cross about the project.
“They had sent a technician to the house, and he was wearing the Sondolo IT (a Bosasa company) uniform. Questions were raised by security guards guarding that house as to why Sondolo IT was the one doing work at the home.
“I was then sent there and was also questioned by the guards. I told them I do not know anything about Sondolo, and that I only came to check security needs at the house and install equipment.”