In 2019, former Bosasa chief operating officer Angelo Agrizzi testified about how his boss, Watson, had referred to Nomgcobo Jiba, then the acting national director of public prosecutions, as “The Snake”
The latest volume of the state capture report has recommended further investigation into allegations that former National Prosecuting Authority (NPA) officials leaked information relating to its case against Bosasa.
Facilities company Bosasa is also alleged to have bribed NPA officials — namely Nomgcobo Jiba, Lawrence Mrwebi and Jiba’s assistant, Jackie Lepinka — as part of a plan to stymie the prosecuting authority’s case against the controversial firm.
The report, however, makes no recommendations against any particular officials, stating that there is not enough evidence to direct the investigation to any particular person — “but it is important to establish the person or persons who leaked the confidential documents”.
The report states there is a reasonable prospect that further investigation may uncover a prima facie case of defeating or obstructing the ends of justice.
The 942-page report, released on Tuesday night, details how Bosasa and the facilities company’s late chief executive, Gavin Watson, allegedly went to great lengths to secure lucrative government contracts.
The company, propped up by Watson’s political influence, allegedly bribed politicians, government officials, former president Jacob Zuma and others “extensively”, according to the latest report from the commission of inquiry into state capture chaired by Acting Deputy Chief Justice Raymond Zondo.
Bribes were also allegedly used to stymie the NPA’s Bosasa prosecution, triggered by a 2009 Special Investigating Unit report on a “corrupt relationship” between Bosasa and the department of correctional services. The NPA investigation was delayed for almost a decade, one of a number of SIU inquiries that were referred to the NPA but went nowhere for years.
In 2019, former Bosasa chief operating officer Angelo Agrizzi testified about how his boss, Watson, had referred to Jiba, then the acting national director of public prosecutions, as “The Snake”. Mrwebi, who was the head of the NPA’s specialised commercial crime unit at the time of the alleged bribes, was referred to as “The Snail”.
Agrizzi testified that Watson had told him Jiba and Mrwebi were involved in making investigations into Bosasa’s operations disappear. Jiba, Agrizzi alleged, received R100 000 a month and Mrwebi was paid R10 000 a month.
Jiba and Mrwebi — who were the subjects of a commission of inquiry chaired by retired constitutional court Justice Yvonne Mokgoro, which looked into the fitness for office — separately denied receiving bribes and leaking documents to any Bosasa official. In 2019, the Mokgoro inquiry recommended the pair’s removal from their positions at the NPA.
Zondo’s report notes that Agrizzi was not present when bribes were allegedly delivered to Jiba, Mrwebi and Lepinka. But Agrizzi made deliveries of cash to Bosasa associate Linda Mti, presumably for this reason.
Mti, Agrizzi said, produced copies of secret documents, minutes of meetings, reports and other documents and information internal to the NPA and its Bosasa investigation. Agrizzi attached 12 documents to his initial affidavit to the Zondo commission, which he alleged were given to him by Watson or Mti.
The prosecutor in charge of the Bosasa investigation, Marijke de Kock, confirmed that the documents were all confidential and was of the opinion that the leaks were not random.
Agrizzi’s evidence about the alleged bribes was, however, hearsay, Zondo said. Hearsay evidence is admissible before the commission, but both Jiba and Mrwebi did not cross-examine Agrizzi.
Zondo noted certain concerning aspects of Jiba’s and Lepinka’s versions. In an email obtained by the commission, Lepinka stated that it was of Jiba’s opinion that there was no prospect of a successful prosecution in the Bosasa case.
“The assertions in this regard are not true … In those circumstances, the email points to wrongful attempts to close down the Bosasa investigation and prosecutions,” the Zondo report noted.
Lepinka also confirmed in her affidavit that she was previously employed as Mti’s secretary. “This points to the existence of a prior working relationship between Ms Lepinka and Mr Mti which could have been open to exploitation.”
The evidence, the Zondo report notes, “tends to provide some corroboration of Mr Agrizzi’s hearsay evidence. It does not take it to the level of proof on the balance of probabilities, but is sufficient to establish reasonable grounds for suspecting the conduct occurred”.
These elements of corroboration, the report adds, are confined to Jiba and Lepinka and do not apply to Mrwebi — who, evidence suggests, acted in a manner that was supportive to the Bosasa investigation.
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