State Capture: Justice duo fingered for investigation

Suspended Pretoria Chief Magistrate Desmond Nair’s woes are piling up, with the jurist facing potential corruption charges in addition to an inquiry into his fitness to hold office over his alleged dodgy dealings with Bosasa.

Nair was implicated by a number of witnesses at the Commission of Inquiry into State Capture, chaired by Acting Chief Justice Raymond Zondo, where it emerged he had been provided with “home security upgrades”, courtesy of one of Bosasa’s subsidiaries, Sondolo IT.

Nair, who was subsequently suspended and charged with two counts of misconduct in terms of the Magistrates’ Courts Act, in an affidavit he deposed to as well as in oral evidence before the commission, denied any involvement in corruption or state capture and insisted he had arranged the upgrades privately.

But Zondo, in his third report which was released publicly on Tuesday, said: “There can be little doubt that from the perspective of Bosasa and its subsidiary, Sondolo IT, the installation of the security system for no charge was an attempt at inducement.

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“Whatever Mr Nair’s ability to influence the outcome of tenders, his perceived influential position as chief magistrate would have made him an appropriate target for inducement in circumstances where Bosasa and Sondolo IT wished to retain their security service contracts with the department of justice.

“This is so notwithstanding Mr Nair’s evidence distancing himself from procurement activities at the court. On his own version, the court manager would seek out his opinion on operational matters of this nature, even though it is the court manager who had the final say.

“One can also see an advantage for Bosasa in having a senior member of the magistracy ‘onside’ in case Bosasa’s activities ever resulted in one of its office bearers or employees being prosecuted.”

He found there were a number of aspects which Nair had not “satisfactorily explained” in his testimony.

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Ultimately Zondo found there was “a reasonable prospect that further investigation will uncover a prima facie case against Mr Nair…” Former chief operations officer at the department of justice Dr William Khotso de Wee – who was also the commission on inquiry’s secretary until 2019 when he was suspended amid allegations that he had accepted bribes form Bosasa – was also among those flagged in Zondo’s report for further investigation.

Former Bosasa chief operating officer-turned-whistle-blower Angelo Agrizzi implicated De Wee in relation to a 2013 tender for security systems at various courts around the country.

In his own evidence, De Wee denied any wrongdoing.