The case of crimen injuria opened against former Bosasa chief operating officer Angelo Agrizzi in which he called his then colleagues kaffirs is shrouded in mystery.
The National Prosecuting Authority (NPA) and the South African Police Service (SAPS) have shockingly contradicted each other about the status and whereabouts of the case, sparking suspicions that it may have been swept under the carpet.
The enigma and riddles surrounding the case came after a text message the police sent to the complainants Papa Leshebane and Joe Gumede about two weeks ago, stating that the Agrizzi case has been postponed to May 26.
The text message, which we have seen, reads as follows: “Message from Saps. Douglasdale ref nr CAS 789/8/2018 – Court date postponed to 2025-05-26. Do NOT reply to this SMS.”
This left the complainant over the moon, thinking that finally, the wheels of justice were turning for them. But their excitement was short-lived when the court told them when they enquired if they could come to court on the date of Agrizzi’s next appearance that, contrary to the message, the case was not on the court roll.
“That means Agrizzi was not charged because, for the matter to be enrolled, the suspect should be charged first.
“This message, when you read it, creates the impression that he has been charged, has appeared in court, and the matter has been moved to May 26,” said the source, who did not want to be named for fear of victimisation.
The deep throat added that the contradictory statements from the NPA and the SAPS created a suspicion that the case may have been swept under the rug.
“They were just misleading the complaints. It seems the message was meant to stop them from asking questions about the case. They must demand answers,” said the mole.
Gauteng police spokesperson Mavela Masondo confirmed they forwarded the message to the complainants after receiving the update from court.
“That is a court case number,” he said.
However, NPA spokesperson Phindi Mjonondwane sang a different tune. She said the case was not enrolled in court.
“Randburg says they never enrolled such a case but I said they must check the status of the docket,” she said in the first message.
In the second text message, after checking with the prosecutors at court, Mjonondwane insisted that such a matter was not placed on the roll.
“They insist that the matter was never enrolled,” she said.
The complainants pressed criminal charges against Agrizzi after he was recorded in a video clip played at Zondo commission calling them kaffirs.
The South African Human Rights Commission (SAHRC) took him to the Equality Court for the racist remarks, but the two parties (SAHRC and Agrizzi) agreed on a settlement that was made a court order by the Equality Court, sitting at the Randburg Magistrate’s Court.
As part of the settlement, Agrizzi agreed to issue a public apology, to be published on the SAHRC’s website. The SAHRC had intended to bring a claim of discrimination and hate speech against Agrizzi.
He also agreed to pay R200 000 to the Barney Mokgatle Foundation.
Agrizzi’s racist epithets became known when he testified at the inquiry where he placed Bosasa, which is now named African Global Operations, at the centre of a web of bribery and corruption involving prominent politicians.
He testified that his use of the racist term was directed at Gumede and Leshabane, saying he regretted the utterances.
“I’m embarrassed of myself‚ I’m ashamed of myself for ever doing that… I am a racist. Judge me on that. I have admitted it and I am sorry,” Agrizzi said at the time.
He added: “The apology is from the heart. We have a beautiful country. We cannot have South Africans, like myself, going out there and using derogatory [language], and using the k-word or anything derogatory.”
