Gauteng National Prosecuting Authority (NPA) head Advocate Andrew Chauke has been assigned to decide the fate of President Cyril Ramaphosa’s adviser Sydney Mufamadi and Zondo commission evidence leader Advocate Paul Pretorius for allegedly lying under oath during the state capture commission inquiry hearings.
Chauke’s task comes after former State Security Agency (SSA) DG Arthur Fraser opened a case of perjury at the Hillbrow police station in February 2022 against Mufamadi, who chaired a high-level review panel into the SSA, and Pretorius.
Fraser also wants former intelligence operative Mzuvukile Maqetuka, SA’s ambassador to Canada Mo Shaik, former inspector general of intelligence Setlhomamaru Dintwe, former SSA director-general Loyiso Jafta, former intelligence ope-rative Gibson Njenje and five other spooks charged with the same offence. Fraser claims the suspects lied under oath about him before the commission.
Fraser two years ago opened a criminal case against Ramaphosa and his head of the presidential protection unit, General Wally Rhoode, for their alleged role in the Phala Phala farm robbery scandal.
News that Chauke must decide the fate of the suspects is contained in a letter written by deputy national director of public prosecutions, Advocate Rodney de Kock, to Fraser’s lawyer, Eric Mabuza, regarding the perjury case.
The letter, which we have seen, stated that the Investigating Directorate (ID) “has fully considered the case docket”.
De Kock added in the letter that he let Chauke deal with the matter “as it resides within his jurisdiction”.
“I have informed the DPP Gauteng local division of these developments,” De Kock said in his letter dated February 16, 2024.
“This is a very important case, and of course, we have a particular date we must report back on the finalisation of the matter,” he added.
Fraser, among others, was accused of treason and dipping into the state security agency’s slush fund through a programme called the Principal Agent Network, which he was heading.
The Zondo commission was told that millions of rands were looted under Fraser’s watch.
Chief Justice Raymond Zondo, who was chairing the commission, recommended in his state capture reports that the NPA “possibly consider, if there is enough evidence, possible criminal charges against all those implicated, including Fraser,” said Chauke.
Chauke confirmed this week he had appointed a two member team to work on the matter.
“It is a daunting task to prove a perjury case; it isn’t as simple as many people think.
“In this particular case, we need to look at their evidence before the commission, and the commission’s conclusion based on their evidence versus what we are told is the truth.
“The truth must also be verified with supporting evidence where necessary.
“To prove a case of perjury, one must have conflicting statements about the same events or matter.”
Chauke couldn’t commit to when his team was expected to finish with its investigation and make a final decision.
“I don’t want to put my team under pressure by committing to a deadline because it might make mistakes,” he said.
Fraser tried in vain to testify at the commission after Zondo rejected his application to challenge the evidence against him.
