Deputy Chief Justice Raymond Zondo will address the leaking to the media of the affidavit of a key witness currently testifying before the commission. Picture: Dimpho Maja/ African News Agency(ANA)

Johannesburg - Deputy Chief Justice Raymond Zondo will on Tuesday address the leaking to the media of the affidavit of a key witness currently testifying before the commission looking into state capture.

Sunday newspapers reported extensively on former Bosasa chief operations officer and whistleblower Angelo Agrizzi's affidavit, which revealed that he would implicate high-ranking government officials in graft.

Agrizzi says environmental affairs minister Nomvula Mokonyane, suspended National Prosecuting Authority officials Nomgcobo Jiba and Lawrence Mrwebi, former South African Airways chairperson Dudu Myeni and former President Jacob Zuma allegedly received bribes that Bosasa chief executive Gavin Watson paid to keep investigators and possible prosecution at bay. 

Agrizzi alleged Mokonyane received, among other kickbacks, R50 000 per month from Bosasa from 2002 – when she was a member of the executive council for safety and security in Gauteng province - until he left the company in 2016 for "political protection".

On Monday, Zondo said he was not pleased with the conduct of the media regarding the leaked document and that he would address the issue fully on Tuesday.

Mokonyane's lawyers Madlanga and Partners have written to the Commission, saying the media had usurped its place in investigating state capture and adding that their client's right to procedural fairness had been breached.

"Our client has a legitimate expectation that the Commission would take reasonable steps and exercise a duty of care to safeguard information in its custody in particular in circumstances where our client has been denied the right flowing from Rule 3.3 of the Commission," the letter said.

The rule allows for prior notices to be sent to those implicated in testimony, but Mokonyane's lawyers said they were only contacted on the day Agrizzi started his testimony. The Commission says this was due to safety concerns after Agrizzi received threats.

Zondo will also name an acting secretary for the commission on Tuesday after incumbent Dr Khotso de Wee was asked to take special leave pending the outcome of a probe into allegations he also took bribes.

Agrizzi has implicated de Wee as one of the senior officials from the justice and constitutional development department paid by Bosasa to secure a 2013 tender to install security systems at several courts.

Agrizzi is due to continue his testimony on Tuesday.

African News Agency (ANA)