Johannesburg - Acting Chief Justice Raymond Zondo’s interview for the Chief Justice position has been used as a platform to call the judge to explain why he did not compel former spy boss Arthur Fraser to appear before the state capture commission.
Some commissioners including Bulelani Magwanishe and Nosiviwe Mapisa-Nqakula questioned Justice Zondo who on why he did not subpoena Fraser to testify on the allegations against him.
Zondo said that part of the problem with Fraser was that he seemed like he did not want to follow the processes of the State Capture Commission.
Zondo said Fraser wanted to be treated outside of the rules and it was important to note the time in which a decision on Fraser could be made.
Zondo explained that there were several people implicated in state capture but were not called to account. He said that before March 2021, there was no reason to force Fraser to come to the Commission. He provided a series of events surrounding the interactions with Fraser.
Zondo said that in June or July 2020, Fraser approached the Inquiry about his intention to testify and explained that he needed quite a lot of documents from the State Security Agency to assist in completing his affidavit. But, Zondo said Fraser only returned in March 2021 when he asked Zondo to compel the SSA to release the documents to him.
Zondo said had he decided to call Fraser for oral evidence, it would mean that he would have had to reopen the oral evidence in October 2021.
“He could implicate people that were not implicated before, then the Inquiry would have had to be further extended to allow them a right of reply.
“It was just too late,” Zondo said.
JSC commissioner Julius Malema accused Zondo of deliberately providing lengthy answers in an attempt to avoid directly answering the question on Fraser.
Malema said Fraser was leading a strategic institute of the state and monies were thrown around from the state coffers, yet Fraser was not compelled to answer, “yet Zizi Kodwa was called to answer for R1 million”.
Again Zondo explained the manner in which the commission interacted with Fraser and said he believed he had answered the question.
Zondo’s interview resumed after lunch and is continuing.
kailene.pillay@inl.co.za
POLITICAL BUREAU