Commission hits back at spy boss

Secretary of the state capture inquiry Itumeleng Mosala has hit back at claims made by former spy boss Arthur Fraser in a letter slating acting chief justice Raymond Zondo. Business Day understands Mosala’s statement on Thursday was drafted with thorough input from Zondo and the inquiry’s legal team head, advocate Paul Pretorius.

State-capture inquiry secretary Itumeleng Mosala has responded to claims by former spy boss Arthur Fraser in a letter attacking acting chief justice Raymond Zondo.

Business Day understands Mosala’s statement on Thursday was drafted with thorough input from Zondo and inquiry legal team head Paul Pretorius.

Mosala reacted to the letter Fraser sent to an advisory panel vetting candidates for the post of chief justice. The six-member panel will send a short list of three to five jurists to President, Cyril Ramaphosa who will choose the next top judge.

Fraser’s letter of last Friday responded to the panel’s call for comment on candidates longlisted for the job. He hit out at the deputy chief justice, who is now acting as chief justice and who chairs the state-capture inquiry.

Fraser claimed Zondo denied him a chance to appear to respond to evidence implicating him in alleged crimes, including treason.

In his statement on Thursday, Mosala said Fraser did not come forward to share information relevant to the inquiry’s work. He said Fraser did not properly file a bid to testify. “If Mr Fraser wanted to testify, he needed to comply with the rules,” he said.

“Despite public calls made by the chairperson of the commission from February 2018 to early in 2020 inviting past and present directors-general and ministers who had knowledge of alleged acts of state capture and corruption to come forward and give that information to the commission, Mr Fraser did not over more than two years come forward to share such information,” said Mosala.

He reported that in August 2020 an inquiry investigator phoned Fraser’s former attorney after Fraser’s public remarks about revealing “secrets” about state capture. The investigator, said Mosala, found the lawyer “uncooperative” when he sought to arrange a meeting with Fraser on giving evidence, and indicated the Fraser did not want to engage, said Mosala.

Mosala, who issued comment as inquiry secretary, said Fraser filed only two proper applications to the commission. These related to sourcing State Security Agency (SSA) documents and grilling witnesses. The cross-examination application “is to be decided shortly”, said Mosala.

“It is only Mr Fraser who can explain why he has never lodged an application for leave to give evidence before the commission if he wants to testify before the commission, particularly because he did see fit to lodge two other applications, including one for leave to cross-examine certain witnesses, which is provided for in the same rule that provides for an application for leave to testify, and the one for an order compelling the SSA to give him certain documents,” Mosala said.

Fraser said in his letter dated October 15 that he was barred from testifying so as “to conceal and protect the role of old apartheid security intelligence networks in capturing the postapartheid state”.

In September, Fraser as prison chief made headlines in authorising former president Jacob Zuma’s medical parole. This was contrary to with parole board advice. Zuma was freed two months into his 18-month jail term for defying a top court order to testify before Zondo.

Fraser told the advisory panel he had reason to believe Zondo was seeking to “endear himself with the political class” to land the chief justice job. Zondo, he said, was not a fit and proper candidate to be the constitution’s “face and embodiment”.

He said Zondo intentionally denied him the chance to crossexamine accusers. “No independent-minded judge would act in this manner,” he wrote.

Fraser said the deputy chief justice’s conduct towards him showed a lack of independence. Zondo’s appointment would “have a corrosive effect on the already troubled judiciary”.