Former State Security Agency (SSA) director-general Arthur Fraser has reported Chief Justice Raymond Zondo to the head of the high court in Pretoria in his capacity as the State Capture Commission chairperson after he “failed to file an answering affidavit” for about a year to oppose the spymaster’s application to take his report on review.
In a letter written to deputy judge president of the Gauteng division of the high court Aubrey Ledwaba by his lawyer, Eric Mabuza, on April 2, Fraser stated that Zondo and his lawyers had “failed to meet every undertaking they made to file an answering affidavit, leaving our client in a prejudicial position”.
“Unless it is corrected, this will send a regrettable message that the chief justice is above the law,” the letter says.
Fraser said that Zondo, through his lawyers, filed a notice to oppose his application as early as January 20, 2023.
Afterwards, said Fraser, Zondo failed to file the record as per the rules, but instead they requested an extension and promised to file it by March 2, 2023. But he failed to file again and instead asked for another extension until March 27, 2023.
Zondo had still not filed the record when the date arrived and again asked for an extension.
“The record was finally filed on March 30, 2023, after Mabuza wrote another letter expressing his displeasure at their failure to file the record as per their understanding.”
Fraser also said that after filing the record, Zondo was expected to submit an answering affidavit before June 28, 2023, but failed to do so.
He said Mabuza wrote to Zondo and his lawyers on July 7, 2023, giving them 10 days to file their affidavit, but “received no response”.
He said he then applied on CourtOnline on August 16, 2023, for a date to have the hearing of the matter on the unopposed motion court roll, but Zondo and his lawyers sent a letter six days later, “indicating that they would file their answering affidavits by the end of October 2023”, but again failed to do so.
Fraser said he wanted “the matter finalised without any further delay so that he can clear his name and reputation, which have been unfairly tainted and blemished by the findings of the commission”.
“The conduct of the chief justice is regrettable, as he has the responsibility to comply with the rules of the courts of which he is a custodian,” reads the letter.
Fraser added that the delay in the allocation of a date was prejudicial to him and “the overall interests of justice”. He said the saddest part of this matter was that he “was not given the opportunity to appear before the commission while a slew of accusations against him went unchallenged”. He asked Ledwaba “to direct the registrar to allocate a date without any further delay”.
Fraser, in his motion to take the Zondo commission on review, said he wanted to challenge evidence given to it by President Cyril Ramaphosa’s adviser, Sydney Mufamadi, South Africa’s ambassador to Russia, Mzuvukile Maqetuka, a former intelligence operative and ambassador to Canada, Mo Shaik, a former inspector general of intelligence, Setlhomamaru Dintwe, a former State Security Agency director-general Loyiso Jafta and five other spooks implicating him in allegations of corruption.
Fraser has not only moved to take Zondo’s report on review but has also opened a criminal case against the same people at the Hillbrow police station after he accused them of lying under oath during their testimony before the Zondo Commission.
Zondo’s lawyers, BR Rangata Attorneys, acknowledged on April 2, receiving the letter Mabuza sent to Ledwaba, as they were also copied, and promised to respond but failed to do so.
“The reason is that we have retained Advocate Gilbert Marcus SC as counsel in this matter, and he is away for the entire week.”
