Justice minister probes missing Bosasa evidence after documents destroyed in fire

Justice Minister Mmamoloko Kubayi has received a report from investigators on the destruction of documents in a fire while pursuing a Bosasa corruption investigation involving officials of her department.

Kubayi received the information after asking the Investigating Directorate Against Corruption (Idac) for progress reports on cases arising from the Zondo Commission’s findings.

Her inquiry formed part of her department’s work to account for the implementation of its recommendations.

“I wrote to Idac to request a status update,” Kubayi told Sunday World, saying she wanted to establish what had happened to investigations concerning justice department employees.

Idac identified two matters. Former Pretoria chief magistrate Desmond Nair’s corruption case remained before the Specialised Commercial Crimes Court. A Hawks investigation concerning Bosasa’s dealings with the department at the SALU Building in Pretoria remained open.

“The report further indicated that some documents were destroyed at a fire at [the justice department] offices. And the team is finding alternative means to gather evidence,” Kubayi said.

She said investigators also needed to consult former Bosasa chief operating officer Angelo Agrizzi following his plea agreement with prosecutors.

The Zondo commission found that Bosasa subsidiary Sondolo IT obtained security-upgrade work at the SALU Building without a tender process.

Agrizzi testified that he handed intermediary Sesinyi Seopela R1.9-million in cash for arranging the contract. He said he did not know whether Seopela passed money to others.

The commission concluded justice department officials must have facilitated the unlawful arrangement and called for investigations to identify them.

Sunday World established that a fire broke out on the SALU Building’s 17th floor on May 30, 2022, less than three months after the commission released its Bosasa findings. The department attributed the blaze to an electrical fault and reported minimal damage.

Asked what the department was doing, Kubayi explained that investigators were already handling the matter.

“Idac has reported that they are working with [the Hawks] on the matter, and, therefore, there is no need for steps to be taken by the department.”

The news was deeply troubling for Agrizzi.

After discussing the reported loss with Kubayi on October 7, he approached Idac oversight judge Takalani Raulinga for answers.

In an October 18 supplementary complaint, he said he had supplied an affidavit concerning ANC national chairperson Gwede Mantashe and further written answers to investigators in February and March.

He also described material concerning former correctional services regional commissioner Mnikelwa Nxele, submitted as recently as April 18.

“No one from Idac has contacted me to say that my evidence was lost or to ask me to provide it again,” he wrote.

Agrizzi said copies remained in his and his attorney’s records. He asked the judge to establish what was lost, whether backups survived and whether his former computer, which he says Idac holds, remained intact.

Agrizzi also acknowledged his responsibility for Bosasa corruption. “I do not minimise my own role. I was part of the conduct I disclosed,” he wrote.

He pleaded guilty to corruption and money-laundering charges last November. His agreement requires continued cooperation with investigators.

Agrizzi said that cooperation came at great personal cost, including threats to his family and damage to his health. His concern was that evidence provided at such cost should not be lost without efforts to recover it.

Agrizzi asked the judge to establish the fire’s date and location, identify affected documents and preserve any surviving copies.

Kubayi stressed that her inquiry concerned department employees, not every outstanding Bosasa case.

NPA spokesperson Kaizer Kganyago said the Bosasa evidence was still in tact.

Idac did not respond to questions Sunday World sent last week about missing documents and outstanding prosecutions.

Save my name, email, and website in this browser for the next time I comment.

This site uses Akismet to reduce spam. Learn how your comment data is processed.