The Gauteng director of public prosecutions (DPP) has declined to prosecute former State Security Agency (SSA) director-general Arthur Fraser for allegedly defeating the ends of justice.
The move comes after forensic investigator Paul O’Sullivan opened a case against Fraser.
This was revealed on Friday by the national head of the directorate for priority crime investigation (Hawks). Lt-Gen Godfrey Lebeya announced this during a Hawks media briefing at the GCIS Media Offices in Hatfield, Pretoria.
Lebeya and his management team held the briefing to outline progress and take stock of milestones achieved. This for the period during the 4th and last quarter of the 2023-2024 financial year (January to March 2024).
He spoke about the national priority offences depicting the Hawks’ successes and high-profile cases investigated.
Case investigated and finalised
Lebeya said the criminal case that O’Sullivan opened against Fraser and President Cyril Ramaphosa’s security boss, Maj-Gen Wally Rhoode, was investigated and finalised.
Rhoode is the head of the presidential protection unit.
Lebeya said the case docket was submitted to the DPP for a decision.
The defeating the ends of justice case was regarding Fraser’s decision to grant former President Jacob Zuma medical parole in September 2021.
“… The case of defeating the ends of justice was reported by Paul Robert O’Sullivan on 18 November 2022. It was opened against Arthur Peter Joseph Fraser and Major General Walther Rhoode. [The matter] was finalised, and the case docket submitted to the office of the DPP, Gauteng Local Division, for decision.
“On 11 March 2024, the office of the DPP declined to prosecute,” said Lebeya.
Zuma was found guilty of being in contempt of court in June 2021 by the Constitutional Court. This after he failed to obey a ConCourt order to appear before the Judicial Commission of Inquiry into State Capture.
Zuma imprisonment
The highest court in the land sentenced Zuma to direct imprisonment for 15 months.
Zuma served just two months of that sentence at the Estcourt Correctional Centre. This was before Fraser granted him parole. Fraser was then national commissioner of the department of correctional services.
The Pretoria High Court, the Supreme Court of Appeal and the Constitutional Court all ruled against Fraser. They found that his decision to grant Zuma medical parole was unconstitutional and unlawful.
The courts ordered that Zuma go back to jail to complete his sentence.
In August, the national commissioner of the department of correctional services, Makgothi Thobakgale, granted Zuma special remission.
