Rapolano Kgoroeadira confirmed that he had written a letter to the Zondo Commission demanding an explanation for its failure to inform his clients they were going to be named and shamed, as required by the Commissions Act. Picture: Karen Sandison/African News Agency(ANA)
Johannesburg - Following revelations of how State Security Agency (SSA) funds were abused for political purposes, a lawyer representing some of the implicated individuals says the Zondo Commission duped him into believing his clients wouldn’t be implicated while carefully selecting witnesses to impugn their integrity.
Rapolano Kgoroeadira of Kgoroeadira Mudau Inc, confirmed on Saturday that he had written a letter to the Zondo Commission demanding an explanation for Deputy Chief Justice Raymond Zondo’s failure to inform his clients they were going to be named and shamed, as required by the Commissions Act.
“My clients didn’t even receive the rule 3.3 notice from the Commission or sent snippets of the affidavit from people implicating them. The impression that we are getting is that people are busy pushing a certain narrative and my clients aren’t given any opportunity to dispel it,” Kgoroeadira said.
He said he sent the letter to the Commission complaining about this unprofessional conduct and it was read into the Commission’s records. He also confirmed that he had written several letters to the SSA minister Ayanda Dlodlo asking for declassification of specific documents and reports that would help some of his clients finalise their submission to furnish the commission with but all in vain.
Kgoroeadira is representing former minister Bongani Bongo, director-general Arthur Fraser, chief of staff Jabulani Maduma, intelligence officer Graham Engel, Prince Makhwathana, Marthie Wallace, Molleen Mnana and Roxane Human, who were all implicated in various acts of misconduct.
In their submission, the lawyers said they asked acting SSA director-general, Loyiso Jafta and the commission to invite 18 of the SSA officials, including the audit and risk committee, to share their testimony as it is believed that some of the witnesses have been carefully selected and co-ordinated to create a false impression against its clients.
“Our clients believe that the testimony of the individuals will be useful in uncovering corruption, fraud, theft, abuse of power and usurpation of the commission’s mandate conducted by some of the witnesses that have been carefully selected and co-ordinated to create a false impression against our clients while protecting others from scrutiny and request that they be subpoenaed,” read the letter.
The witnesses, including former minister Sydney Mufumadi and Jafta appeared before the commission this week.
“As previously indicated to you, our clients are more than willing to assist the Commission and in doing so, clearing their names and reputations that are unfairly besmirched. To this end, they intend submitting their statements to the commission and cross-examining these individuals,” said the law firm.
The law firm also requested Jafta to declassify and avail some documents that may implicate some of the witnesses.
“In order to enable our clients to prepare and submit their statements, we are instructed to request from you, as we hereby do, the declassification and provision to them, the following intelligence information and/or products.”
SSA spokesperson Mava Scott confirmed that Jafta received the letter while Jafta did not respond to questions sent to him.
“It is receiving the necessary attention. But we cannot at this stage predict the outcome of that enquiry into matters raised in the letter.”
Jafta, this week dropped a bombshell at the commission when he revealed that the agency had been abused for years for private and political interests.
He also revealed that R125 million wasn’t accounted for during the 20172018 financial year and R9 billion in fixed assets couldn’t be found. In his testimony on Tuesday, Jafta said some “illegal operations” were “conducted from the office of the accounting officer”, who was Fraser at the time. Some of those operations included “Operation Justice” which was an attempt by the agency to bribe some judges that were hostile to former president Jacob Zuma.
“The Commission misled us into believing that my clients weren’t going to be implicated by Jafta and now he has been without even receding the rule 3.3 notice or part of Jafta’s affidavit for scrutiny as a norm,” said the lawyer.
Mufamadi, who chaired a high-level review panel on the SSA appointed by President Cyril Ramaphosa in 2018, testified that Project Justice involved recruiting and handling sources in the judiciary to influence the outcome of cases against Zuma. “Allegations made were to the effect that judges were bribed to achieve this purpose. This should, however, be treated with extreme caution as one would not want to be a party to the destruction of public confidence in the judiciary if there is no actual evidence that the operation was carried out to a conclusion,” Mufamadi said.
Jafta further revealed that funds were channelled to the ruling party, ANC, for political activities. The commission was told that millions from the agency were used for the ANC’s 54th elective conference at Nasrec in December 2017 where Ramaphosa was elected as the party leader.
The money was allegedly used to fund Nkosazana Dlamini Zuma’s campaign. Jafta claimed that some of the agency’s illegal operations included providing for security services for apartheid hitman Eugene de Kock, former ANC Youth League president Collin Maine and former SAA board chairperson, Dudu Myeni, under a project code-named Tin Roof.
The commission spokesperson, Reverend Mbuyiselo Stemela, did not respond to the questions sent.
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