Chief Justice Raymond Zondo and the State Capture Commission of Inquiry, which he chaired, are opposing former State Security Agency (SSA) director-general Arthur Fraser’s review of their reports.
The commission made scathing findings against Fraser and recommended, among others, that a criminal case be reopened against him over the Principal Agent Network (PAN) programme.
In December, Fraser filed papers in the Pretoria High Court, asking for the commission’s reports to be reviewed and set aside or, alternatively, for all the findings and recommendations relating to him to be thrown out.
Now, Zondo, together with the commission, have formally indicated their plans to fight Fraser’s application.
They filed a notice of intention to oppose with the court on Friday.
It is scant in detail and doesn’t disclose their grounds for opposition.
However, Fraser’s main ground of review is that he wasn’t given an opportunity to appear before the Zondo Commission before adverse findings against him were made.
In March 2021, Fraser approached the commission and indicated he wanted to testify, but said he needed classified documents from the SSA.
Subsequently, Zondo said he asked Fraser’s lawyers to come back when they had the documents – but that they never did.
Fraser has claimed, though, that the commission “used every available excuse or justification” to deny him an opportunity to appear and that this represented a breach of procedural fairness.
The case is yet to be set down for hearing.
-EWN
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