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10 years on, NPA has ‘done nothing’ about Bosasa’s unlawful prisons deals

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Former Bosasa boss Angelo Agrizzi testifies at the state capture commission in Parktown. Picture: Felix Dlangamandla/Netwerk24
Former Bosasa boss Angelo Agrizzi testifies at the state capture commission in Parktown. Picture: Felix Dlangamandla/Netwerk24

It has been nearly a decade since the release of the 2009 report by the Special Investigating Unit (SIU) into the role played by key senior officials at the department of correctional services in the awarding of irregular lucrative contracts to facilities management company, Bosasa.

But to date, none of its recommendations have been implemented by the National Prosecuting Authority (NPA).

These were the revelations made in another marathon question-and-answer session by former Bosasa chief financial officer Angelo Agrizzi, as he continued his testimony before the state capture commission for a sixth consecutive day on Wednesday.

He revealed that the impediment to the NPA’s pursuit of prosecutions was because some senior officials were in the pockets of Bosasa.

His earlier evidence had revealed that suspended deputy prosecutions boss Nomgcobo Jiba and Advocate Lawrence Mrwebi received R100 000 and R10 000 a month respectively from the facilities company.

Agrizzi added that to derail the SIU’s investigation, Bosasa delayed the investigators’ appointment to their premises by a week in order to delete evidence of corruption involving Bosasa, former national commissioner of correctional services Linda Mti, and former correctional services chief financial officer Patrick Gillingham.

He revealed that the company tried to destroy more than 40 000 electronic files over three days in December 2008 – just days before the SIU was scheduled to arrive for a data mirror imaging undertaking to gather evidence for an ongoing corruption investigation against the company.

This effort was, however, futile as the unit’s report contained exact details gathered by a cyber-forensic expert illustrating Bosasa’s deletion of incriminating records and data.

In the report – which was read before the commission by the head of legal team Advocate Paul Pretorius – the expert who examined the Bosasa servers using keyword searches said they had “detected the alleged mass deletion of files, particularly those relating to the company’s correctional services contracts”.

The SIU findings also collaborated claims made by Agrizzi on Tuesday that other bidders were granted a mere 21 days to submit a comprehensive bid, making it very difficult for them to compete fairly with Phezulu Fencing – one of Bosasa’s front companies – because it had been given prior information with regards to the tender before it had been at advertised.

In its findings the SIU recommended that the correctional services department should institute disciplinary and civil proceedings in order to recover the money paid through these unlawful deals and for the NPA to institute criminal proceedings against the company and the responsible senior officials.

The commission heard that, to date, these recommendations have yet to be instigated, revealing just how deep the rot went as Bosasa has been immune to even the NPA since the company had “captured” some of its prosecutors.

Moreover, it was revealed that the SIU report, among other things, found that Mti and Gillingham unduly benefited from the tenders awarded to Bosasa.

Agrizzi on Tuesday revealed that as compensation for the inside information and favourable dealings, correctional services officials would be given monthly bribes that ranged from R40 000 to R100 000 a month.

Those found to be “consistent” in their services to the company, such as Mti, were remunerated even more favourably.

According to the former Bosasa chief operating officer, the company built a house meant for Mti in Savannah Hills Estate in the heart of Midrand and furnished another house he owned near the same estate.

Gillingham, on the other hand, received a Mercedes E Class vehicle and his daughter received a Polo VW under Bosasa chief executive Gavin Watson’s directive, Agrizzi testified.

Agrizzi distanced himself from playing any part in the SIU’s findings into the so-called kitchens tender but confirmed the findings that the pair received kickbacks.

“I can now agree to it, chair. At that time, I did not know about the rewards that were happening. I now know and I can confirm,” he said.

Agrizzi also testified that his former colleague Danny Mansell colluded with Gillingham on bid document specifications for the correctional services’ access control tender and ensured that Bosasa affiliated company, Sondolo, was the successful bidder even though the company was only formed days before the tender closed and did not have the required five years experience.

Asked by commission chair, Deputy Chief Justice Raymond Zondo, whether he knew if Gillingham was influential in this regard, Agrizzi said he knew this to be true.

Agrizzi’s damning testimony is now the longest from any witness who has appeared before the commission.

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