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Commission for Conciliation, Mediation and Arbitration
COMMISSION OF INQUIRY INTO STATE CAPTURE HELD AT PARKTOWN, JOHANNESBURG 10 28 JANUARY 2019 DAY 41 20 28 JANUARY 2019 – DAY 41 PROCEEDINGS HELD ON 28 JANUARY 2019 CHAIRPERSON: Good morning Mr Pretorius, good morning everybody. ADV PAUL PRETORIUS SC: Morning, Chair. MR ANGELO AGRIZZI: Morning, Chair. CHAIRPERSON: Morning. Mr Pretorius, before we start I just want to deal with something, so you may be seated for the time being. ADV PAUL PRETORIUS SC: Thank you, Chair. CHAIRPERSON: Last week on Tuesday I expressed concern about the conduct of certain journalists, newspapers and editors and at the same time expressed my highest 10 respect for many journalists, editors and newspapers who do their work professionally, ethically and with integrity. I expressed certain concerns with regard to the breach of certain regulations governing the proceedings of this Commission and the publication of witness statements before witnesses deal with the matters that are published prematurely. Subsequent to that some have issued a response and arrangements were made for representatives of the Commission and SANEF to meet and discuss issues of mutual concern. The meeting did take place on Friday and the Commission was represented by the head of the legal team of the Commission Mr Paul Pretorius SC and the head of 20 investigations Mr Nombembe. A report was subsequently made to me and a statement was issued by the Commission. I believe SANEF issued a statement as I understand the position both parties had an input on that statement and they were happy with it. I just want to take this opportunity to commend both SANEF and the representatives of the Commission who took part in that meeting for the spirit in which I am told in which the meeting was conducted on both sides with due recognition of the Page 2 of 148 28 JANUARY 2019 – DAY 41 role played by both the Commission and the media in regard to the matters that are being investigated by this Commission. -
In the Constitutional Court of South Africa
IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CASE NO: CCT 295/20 In the matter between: SECRETARY OF THE JUDICIAL COMMISSION OF INQUIRY INTO ALLEGATIONS OF STATE CAPTURE, CORRUPTION AND FRAUD IN THE PUBLIC SECTOR INCLUDING ORGANS OF STATE Applicant and JACOB GEDLEYIHLEKISA ZUMA Respondent APPLICANT’S HEADS OF ARGUMENT Table of Contents INTRODUCTION ............................................................................................................ 1 JURISDICTION .............................................................................................................. 6 Exclusive Jurisdiction .................................................................................................. 6 Direct Access ............................................................................................................ 11 THE ALLEGATIONS OF ABUSES OF POWER AND BREACH OF CONSTITUTIONAL DUTY BY MR ZUMA .................................................................................................... 15 THE MATERIAL FACTS .............................................................................................. 30 THE COMMISSION OF INQUIRY AS AN ACCOUNTABILITY MECHANISM ............. 38 THE DUTY TO ANSWER QUESTIONS AT THE COMMISSION ................................. 40 MR ZUMA’S REVIEW OF THE RECUSAL DECISION HAS NO BEARING ON HIS DUTY TO GIVE EVIDENCE AT THE COMMISSION ................................................... 43 THE RELIEF SOUGHT ................................................................................................ -
Zuma, Jiba Et Al Linked to Bosasa
Legalbrief | your legal news hub Friday 24 September 2021 Zuma, Jiba et al linked to Bosasa Former President Jacob Zuma and top NPA officials were on Bosasa’s payroll, according to testimony expected to be delivered to the Zondo Commission of Inquiry into State Capture this week by the company’s former chief operating officer, Angelo Agrizzi. The Sunday Times notes insiders who have seen Agrizzi’s full affidavit, say it contains details of how company CEO Gavin Watson made payments to Zuma, suspended deputy NDPP Nomgcobo Jiba and Special Director of Public Prosecutions Lawrence Mrwebi in return for their protection from prosecution in connection with dodgy state contracts. Agrizzi is going to claim Zuma received a R300 000 monthly payment, and Bosasa paid Jiba and Mrwebi R100 000 and R10 000 a month respectively. Jiba, however, denied stalling the Bosasa case, saying she tried to fast-track it. This was echoed by Mrwebi, who said he has approached the commission to refute Agrizzi's version. Jiba said she did not receive a cent from Bosasa or anyone linked to it. ‘I can subject myself to the commission now because it's so untrue,’ Jiba is quoted as saying. She was ready to be cross-examined on the matter. ‘He said I received R100 000 a month since 2011. That's over R10m. If I got that money, why did I subject myself to all of this at the NPA. I would have resigned.’ Jiba said she wants the police to get to the bottom of who took money from Bosasa in her name. -
29 March 2019 Sessions.Pdf
COMMISSION OF INQUIRY INTO STATE CAPTURE HELD AT PARKTOWN, JOHANNESBURG 10 29 MARCH 2019 DAY 76 20 29 MARCH 2019 – DAY 76 PROCEEDINGS HELD ON 29 MARCH 2019 CHAIRPERSON: Good morning Mr Pretorius, good morning everybody. ADV PAUL JOSEPH PRETORIUS SC: Good morning Chair. MR ANGELO AGRIZZI: Good morning Honourable Chair. CHAIRPERSON: Good morning Mr Agrizzi. I do understand you wanted to see me Mr Pretorius before we could start. ADV PAUL JOSEPH PRETORIUS SC: Perhaps that could be done. CHAIRPERSON: Is it something we can deal with.. ADV PAUL JOSEPH PRETORIUS SC: During one of the adjournments Chair 10 CHAIRPERSON: Yes okay. ADV PAUL JOSEPH PRETORIUS SC: The matters are unrelated to the current. CHAIRPERSON: No that is fine. That is fine so. Okay. ADV PAUL JOSEPH PRETORIUS SC: Morning Mr Agrizzi. MR ANGELO AGRIZZI: Morning Advocate Pretorius. ADV PAUL JOSEPH PRETORIUS SC: Paragraph 28 is where we left off on page 29 of your statement. In the next few pages you detail actions you have taken to amongst other things bring evidence before this commission. MR ANGELO AGRIZZI: Correct. ADV PAUL JOSEPH PRETORIUS SC: And I understand the reason that this evidence 20 is being advanced by you is to deny in effect any allegations that you have been deliberately delaying your cooperation or managing your cooperation and for that purpose you going to lead evidence now about the steps you have taken leading up to your appearances before the commission. MR ANGELO AGRIZZI: That is correct Chair. ADV PAUL JOSEPH PRETORIUS SC: So would you take the Chair through that Page 2 of 138 29 MARCH 2019 – DAY 76 please? MR ANGELO AGRIZZI: Chair originally in 2016 I actually had spoken to Brian Biebuyck and I had spoken to him all along that I was concerned. -
S9 Supplementary Affidavit & Annexure of Angelo Agrizzi
S9 SUPPLEMENTARY AFFIDAVIT & ANNEXURE OF ANGELO AGRIZZI Dated 26.03.2019 JUDICIAL COMMISSION OF INQUIRY INTO ALLEGATIONS OF STATE CAPTURE, CORRUPTION AND FRAUD IN THE PUBLIC SECTOR INCLUDING ORGANS OF STATE 2nd floor, Hillside House 17 Empire Road, Parktown Johannesburg 2193 Tel: (010) 214-0651 Email: [email protected] Website: www.sastatecapture.org.za INDEX: EXHIBIT S9 Description PAGES Supplementary affidavit of Angelo Agrizzi 001 to 060 Annexures to the supplementary affidavit of Angelo Agrizzi 061 Annexure “EE” 062 to 077 Annexure “FF” 078 to 080 Annexure “GG” 081 to 084 Annexure “HH” 085 to 113 Annexure “JJ” 114 to 116 Annexure “KK” 117 to 119 1 AA-SUP-001 SUPPLEMENTARY AFFIDAVIT I, the undersigned, ANGELO AGRIZZI (IDENTITY NUMBER: 671203 5468 085) declare under oath as follows: 1. BACKGROUND TO THE SUPPLEMENTARY AFFIDAVIT 1.1 The facts contained herein fall within my own personal knowledge, unless the contrary appears from the contents hereof, and are to the best of my belief both true and correct. 1.2 My original statement was done in a limited timeframe. I had been in contact with Frank Dutton, an investigator with the Commission of Inquiry into State Capture ("The Commission") and have kept him updated throughout the process in relation to further information and facts relating to the matter. 1.3 I have previously deposed to an affidavit on the 15th of January 2019 and have previously given evidence before the Honourable Deputy Chief Justice Raymond Zondo ("Honourable Chairperson") at the Commission held in Johannesburg. 1.4 I confirmed and stated under oath that I would supplement my original affidavit with further facts, details and information relating to the matters in question. -
Democratic Deconsolidation: an Analysis of South Africa’S Democratic Regress During the Zuma Years
Democratic Deconsolidation: An Analysis of South Africa’s Democratic Regress during the Zuma Years By Jordan Shain Fredericks Thesis presented in fulfilment of the requirements for the degree of Master of Arts (Political Science) in the Faculty of Arts and Social Sciences at Stellenbosch University. The financial assistance of the National Research Foundation (NRF) towards this research is hereby acknowledged. Opinions expressed and conclusions arrived at, are those of the author and are not necessarily to be attributed to the NRF. Supervisor: Dr Nicola de Jager December 2019 Stellenbosch University https://scholar.sun.ac.za Declaration By submitting this thesis electronically, I declare that the entirety of the work contained therein is my own, original work, that I am the sole author thereof (save to the extent explicitly otherwise stated), that reproduction and publication thereof by Stellenbosch University will not infringe any third party rights and that I have not previously in its entirety or in part submitted it for obtaining any qualification. Date: December 2019 Copyright © 2019 Stellenbosch University All rights reserved i Stellenbosch University https://scholar.sun.ac.za Abstract Studies of democracy have recently shown that not only are democracies globally experiencing signs of democratic deconsolidation, but evincing a regression towards authoritarianism. This is evident in a growing lack of support amongst citizens for democratic regimes, who are often opened to non-democratic alternatives. Deconsolidation has been particularly evident in contexts where poor governance has failed to deliver the economic and political goods expected by citizens in a democratic regime. South Africa, which is the case under analysis, has been manifesting such signs of deconsolidation. -
Zuma Placed at Centre of Corruption Web
Legalbrief | your legal news hub Tuesday 28 September 2021 Zuma placed at centre of corruption web Whistle-blower Angelo Agrizzi, on the penultimate day of his testimony exposing the relationship between Bosasa, politicians and state functionaries, drew former President Jacob Zuma and his ally and former SAA chair, Dudu Myeni, into the centre of the web of corruption that allowed the facilities management company to land billions in state contracts, notes Legalbrief. On the eighth day of his dizzying allegations he told the Zondo Commission of Inquiry into State Capture that Bosasa CEO Gavin Watson personally gave Zuma a bag with R300 000 cash in it and also approached him to have the investigation into the company’s contracts with the Department of Correctional Services ‘shut down’. He also claimed Myeni had provided a confidential NPA document to him and Watson at a meeting at the Sheraton Hotel in Pretoria. A Business Day report notes Agrizzi told the commission yesterday that the first time Watson was introduced to Zuma was when he was elected ANC president, but was not yet President of the country. The second introduction was made by Myeni, once he had become President of the country. Agrizzi said Bosasa, which has since been renamed African Global Operations, was paying Myeni R300 000 a month, which was meant to go to the Jacob Zuma Foundation. Myeni was the chair of the foundation. ‘At one stage Watson was concerned that Zuma was not receiving the R300,000. Watson said we must pack it (the money) and he would deliver it himself and make sure he (Zuma) was getting the money from Myeni,’ Agrizzi said. -
PUBLIC REPORT 'Joining the Dots' Capture of the Criminal Justice
PUBLIC REPORT ‘Joining the dots’ Capture of the Criminal Justice System June 2017 www.forensicsforjustice.org Joining the dots – Capture of the Criminal Justice System 2017‐06‐30 Page 1 of 21 The People Zuma Jacob Zuma – State President, awaiting trial on 783 counts of Fraud & Corruption Nhleko Erstwhile Minister of Police, appointed by Zuma on 2014‐05‐26, fired 31 March 2017 Ntlemeza Lieutenant General Mthandazo Ntlemeza, suspended Head of Directorate for Priority Crimes Investigation ‘DPCI’ or ‘Hawks’, was unlawfully appointed by Nhleko on 2015‐09‐10.1 Mokotedi Major General Prince Mokotedi, Head of Hawks ‐ Gauteng, self‐confessed Zuma ally, was unlawfully appointed by Nhleko on 2016‐02‐03, previously resigned whilst on suspension as head of integrity management of the National Prosecuting Authority ‘NPA’ for gross insubordination and “bringing the NPA into disrepute”.2 Moonoo Lieutenant General (retired) Vinesh Moonoo, previous Divisional Head of Detectives. Mdluli Lieutenant General Richard Mdluli, disgraced head Crime Intelligence, awaiting trial on multiple charges of fraud and corruption, as well as his involvement in the murder of his mistress’ husband. Arrested and charged in April 2011, and has been on suspension for the last five years and seven months. Multiple come‐back attempts have failed due to the intervention of public benefit organisations such as Freedom under Law and the Helen Suzman Foundation. The unlawful attempts to shield Mdluli from prosecution led to Jiba and Mrwebi being struck from the role of advocates. Mdluli is a self‐confessed loyal supporter of Zuma, in breach of his oath of office.3 Mdluli’s 6 years on suspension has cost more than R10m in wasted funds. -
Applicant's Written Submissions.Pdf
IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CASE NO: CCT 295/20 In the matter between: SECRETARY OF THE JUDICIAL COMMISSION OF INQUIRY INTO ALLEGATIONS OF STATE CAPTURE, CORRUPTION AND FRAUD IN THE PUBLIC SECTOR INCLUDING ORGANS OF STATE Applicant and JACOB GEDLEYIHLEKISA ZUMA Respondent APPLICANT’S HEADS OF ARGUMENT Table of Contents INTRODUCTION ............................................................................................................ 1 JURISDICTION .............................................................................................................. 6 Exclusive Jurisdiction .................................................................................................. 6 Direct Access ............................................................................................................ 11 THE ALLEGATIONS OF ABUSES OF POWER AND BREACH OF CONSTITUTIONAL DUTY BY MR ZUMA .................................................................................................... 15 THE MATERIAL FACTS .............................................................................................. 30 THE COMMISSION OF INQUIRY AS AN ACCOUNTABILITY MECHANISM ............. 38 THE DUTY TO ANSWER QUESTIONS AT THE COMMISSION ................................. 40 MR ZUMA’S REVIEW OF THE RECUSAL DECISION HAS NO BEARING ON HIS DUTY TO GIVE EVIDENCE AT THE COMMISSION ................................................... 43 THE RELIEF SOUGHT ................................................................................................ -
Scc Day 344 Transcript Dd 2021-02-15
COMMISSION OF INQUIRY INTO STATE CAPTURE HELD AT CITY OF JOHANNESBURG OLD COUNCIL CHAMBER 158 CIVIC BOULEVARD, BRAAMFONTEIN 15 FEBRUARY 2021 DAY 344 22 Woodlands Drive Irene Woods, Centurion TEL: 012 941 0587 FAX: 086 742 7088 MOBILE: 066 513 1757 [email protected] CERTIFICATE OF VERACITY I, the undersigned, hereby certify that, in as far as it is audible, the aforegoing is a VERBATIM transcription from the soundtrack of proceedings, as was ordered to be transcribed by Gauteng Transcribers and which had been recorded by the client COMMISSION OF INQUIRY INTO STATE CAPTURE HELD AT CITY OF JOHANNESBURG OLD COUNCIL CHAMBER 158 CIVIC BOULEVARD, BRAAMFONTEIN DATE OF HEARING: 15 FEBRUARY 2021 TRANSCRIBERS: B KLINE; Y KLIEM; V FAASEN; D STANIFORTH Page 2 of 83 15 FEBRUARY 2021 – DAY 344 PROCEEDINGS RESUME ON 15 FEBRUARY 2021 CHAIRPERSON: Good morning Mr Pretorius, good morning everybody. ADV PRETORIUS SC: Morning Chair. CHAIRPERSON: If you will be – she is trying to get me one of the files but I think we – we can start. We can start Mr Pretorius. ADV PRETORIUS SC: Thank you Chair. This morning Mabusa Attorneys representing the former President Mr 10 Zuma addressed a letter to the commission who informed the commission that quote “as a matter of courtesy” unquote our client will not be appearing before the commission on 15 to 19 February 2021 for the reasons set out below. Two reasons are given. The first is that there is a… CHAIRPERSON: One sec – one second Mr Pretorius. Yes Mr Pretorius. ADV PRETORIUS SC: Two reasons are given the first is as follows: 20 “The commission is aware that the Review Application which President Zuma has instituted to set aside the refusal by Deputy Chief Justice Zondo to recuse himself from hearing matters concerning him and his family is yet to be determined by the court” Page 3 of 83 15 FEBRUARY 2021 – DAY 344 I just point out briefly at the moment perhaps there will be more to be said about it later Chair by yourself but for the moment that application was put before the Constitutional Court. -
Myeni, Zuma Helped Smooth the Way for Bosasa
24 January 2019 Zondo Commission: Dudu Myeni, Zuma helped smooth the way for Bosasa’s dealings Former South African Airways chairperson Dudu Myeni was the essential conduit between Bosasa and Jacob Zuma that the company could not afford to let down, and when on one occasion CEO Gavin Watson asked about an appropriate gift for her to show the company’s gratitude for her assistance, he was told a handbag would do the trick. She was eventually gifted with a Louis Vuitton bag, along with R300 000 as its contents. Former Bosasa COO Angelo Agrizzi told the commission of inquiry into state capture on Monday that Watson asked him what gift to get Myeni as a token of his gratitude to her, and Agrizzi referred him to his wife. It was Mrs Agrizzi who came up with the idea of the handbag, for which Myeni would later thank Agrizzi, presumably because she had been told of his wife’s help. Myeni, he said, had already been on the payroll of Bosasa for some time, receiving R300 000 per month. He was told that the money was for the Jacob Zuma Foundation, of which Myeni was the chairperson, but he believes it was never paid to the foundation. She would also request Bosasa for help in arranging what Agrizzi referred to as “high end” functions for Zuma, for which the company would foot the bill. At one point, the cost of functions for Zuma that Bosasa paid for came up to R3.5- million. During a meeting in June 2016 at the Nkandla residence of Zuma, coordinated by Myeni, Watson allegedly asked the former president if he had indeed been receiving monthly payments of R300 000, and Zuma confirmed this.