Durban - Former State Security Agency (SSA) and correctional services boss, Arthur Fraser, is believed to be mulling taking the private prosecution route against former state security minister, Sydney Mufamadi and the Zondo Commission’s advocates Paul Pretorius and Veruscka September.
Late last week, Fraser, through his law firm, Mabuza Attorneys, wrote to the NPA (National Prosecuting Authority) asking it about the progress that has been made in the case where he laid charges of perjury against Mufamadi and the former director-general of the spy agency, Loyiso Jafta.
In the case that was opened last May at the Hillbrow SAPS, Fraser said the two lied before the Zondo Commission by claiming that assets of the agency worth R9 billion were not accounted for.
He said the correct figure is R9 million and Jafta should have corrected “the lie” which was started by Mufamadi, but he instead chose to confirm it while giving testimony before the commission which was probing allegations of state capture during the Zuma presidency.
Fraser also wants Ms K, and Mr Y, the two faceless witnesses who testified before the Zondo commission to be hauled over the coals for lying about the vetting of staff at the SSA. In his 36-page affidavit meant for the SAPS, Fraser said it was embarrassing for Jafta to perpetuate a lie as a senior accounting officer of the spy agency.
As for Pretorius and September, Fraser wants them to be hauled over the coals for subornation of perjury (the crime of persuading or permitting a person to commit perjury, which is the swearing of a false oath to tell the truth in a legal proceeding, whether spoken or written).
“Following the submission of the police investigation docket into our client’s complaint to your office for decision more than a year ago, our client has not been advised of the progress of the investigation, nor of the decision on this matter.”
“We are subsequently instructed to request you to communicate within (7) seven days on whether Dr Fholisane Sydney Mufamadi, Mr Loyiso Jafta, Mr Y and Ms K will be prosecuted on charges of perjury and whether Mr Paul Pretorius SC and Adv Veruscka September will be prosecuted on a charge of subornation of perjury.
“In the event that you decline to prosecute any of the above persons we are instructed to request that you forthwith issue our client with a certificate nolle prosequi (decision not to prosecute) as envisaged under section 7(2)b, read with sections 7(1) (a) and 7(2)(a) of the Criminal Procedure Act No 51 of 1977,” reads Fraser’s letter to the NPA, Gauteng region.
The spokesperson of the NPA in the region, Phindi Mjonondwane, confirmed that they had received it. “We received it. We will revert,” Mjonondwane told the Daily News on Monday.
Eric Mabuza, the director of Mabuza Attorneys, did not respond when asked about Fraser’s game plan. However, the person who leaked the letter to the Daily News last week and who is in Fraser’s inner circle, said he was planning to go the private route.
“He knew from the outset that the NPA will not prosecute these fellows. Nonetheless, he laid the charges so that he could get the certificate not to prosecute and have them privately prosecuted,” said the source close to Fraser.