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Arthur Fraser wants Zondo commission findings against him set aside
Fraser has reiterated his claims that he was never given the opportunity to present his side of the story at the commission.
Former spy boss Arthur Fraser. Picture: Gallo Images / Netwerk24 / Jaco Marais
Former State Security Agency (SSA) director-general Arthur Fraser has lodged an application to the Pretoria High Court to have findings against him by the Zondo commission set aside.
The Zondo commission had recommended that Fraser be investigated for alleged illegal operations at the State Security Agency (SSA), including the millions of rands looted from the agency.
Zondo also found that abuse of the vetting process saw Fraser revoking former intelligence inspector-general Setlhomamaru Dintwe’s clearance, only because he was investigating allegations against Fraser.
READ MORE: State capture: ‘Investigate Mahlobo, Fraser for looting of cash at SSA’
But Fraser has accused the commission of failing to investigate allegations made against him by witnesses, and also denying him the opportunity to present his side of the story.
“All findings against me are incorrect,” argues Fraser in his application.
“It is common cause that the commission called several witnesses, many of whom implicated me in serious crimes. Yet, the commission used every available excuse or justification to deny me the opportunity to appear before it; either to answer to the allegations made against me or to present my own evidence before it.
“These findings are not borne out by facts and many of them are a consequence of the commission’s failure to properly investigate some of the allegations presented to it. Some of the findings are based on inaccurate facts, some of which were identified in the statement attached to my application to cross-examine, which was also dismissed by the commission.”
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The Judicial Commission, Chairperson of the commission, evidence leader Paul Pretorius SC and Terence Nombembe, head of investigations for the commission, are listed as respondents.
Fraser not denied chance to testify
The Zondo commission has previously denied claims by Fraser that he was never given a chance to give evidence before the commission.
The commission said he was the one who never came forward despite public invitations by the commission between February 2018 and 2020, to past and present directors-general and ministers who had knowledge of corruption to do so.
“In terms of Rule 3.3. of the Rules of the Commission, any person who is implicated by a witness in the Commission and who wishes to testify and defend himself or herself against allegations or evidence of wrongdoing is required to apply to the Commission for leave to give evidence and that application is decided by the Chairperson. Mr Fraser has never submitted an application to the Commission for leave to give evidence,” said the commission in a statement.
The commission further claimed to have contacted Fraser’s attorney following his statements that he would disclose secrets about presidents and judges.
His attorney was allegedly uncooperative and told the commission’s investigators that he would use his “own channels and methods” to share the information.
READ MORE: Zondo rubbishes Arthur Fraser’s claim he was denied a chance to testify
Compiled by Vhahangwele Nemakonde
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