NPA defends Agrizzi plea deal as necessary to prosecute Bosasa corruption cases

Former Bosasa chief operating officer Angelo Agrizzi, on Thursday, 6 November, walked away from a 40-year term of imprisonment after entering a plea deal with the State.

Agrizzi, who appeared virtually before the Gauteng Division of the High Court in Pretoria, pleaded guilty to three counts of corruption and one of money laundering.

Agrizzi was accused alongside former Department of Correctional Services (DCS) commissioner Linda Mti, former Correctional Services chief financial officer Patrick Gillingham, and former Bosasa chief financial officer Andries van Tonder of fraud and corruption to the tune of R1.8-billion.

The matter involves tenders awarded by the DCS to Bosasa and its subsidiaries in August 2004 and 2007.

In papers before the court, Agrizzi detailed his involvement in several transactions, including giving Mti gratifications in the form of flights, accommodation and travel, which he said he did “wrongfully and unlawfully” on the instruction of Bosasa CEO Gavin Watson, who died in 2019.

His conduct, he said, amounted to “the abuse of position of authority, a breach of trust or violation of legal duty of a set of rules”.

Read more: The unravelling of Angelo Agrizzi, State Capture’s racist whistle-blower

Agrizzi has also been charged alongside former ANC MP Vincent Smith in a separate corruption and fraud case. Smith is accused of receiving payments and services valued at just over R870,000 from Bosasa, Watson and/or Agrizzi.

Agrizzi admitted giving Smith gratifications so he would act or influence others to act in a particular manner.

State witness

In the DCS case, Agrizzi was sentenced to 10 years of imprisonment on each count, but the entire sentence was suspended for five years.

The suspended sentence has strict conditions attached to it, including that he must cooperate as a State witness and commit no further offences.

Both the State and Agrizzi’s attorneys struggled to convince Judge Mokhine Mosopa that he posed no risk of reoffending.

The judge argued: “These types of offences can be committed from the comfort of your home, while seated. What assures us that he will not reoffend? What measures have you put in place?”

The State and the defence pointed to Agrizzi’s medical condition and the commitments he made in the plea agreement, but the judge was unconvinced.

It was only after advocate Francois Kriel, representing Agrizzi, emphasised that the agreement was “strict” and that Agrizzi was in such poor health that he “would not survive a day in prison” that the court appeared to accept the deal.

Read more: Bosasa whistleblower Angelo Agrizzi fit to stand trial, and will face two cases in one

The sentence may come across as light given the nature of the charges, but Investigating Directorate Against Corruption (Idac) spokesperson Henry Mamothame said prosecutors considered the deal warranted.

“Part of the agreement is that we acknowledge that he is a key figure in this corruption matter relating to Bosasa,” he said.

“He is a person that can assist the State in its mission to prosecute, and investigations thereof can be able to source from him as a key person who was operating in Bosasa at the time all these crimes were committed.

“We saw it wise that we reach such an agreement, and part of that will be for him to assist the State in pursuit of all these matters and other future matters that may come up relating to Bosasa.”

While the National Prosecuting Authority (NPA) believes Agrizzi will play a key role in several investigations, his deteriorating health played a central role in reaching the agreement. The plea papers described him as medically fragile, with his life expectancy significantly compromised.

According to a medical report before the court, “Mr Agrizzi’s condition is expected to continue deteriorating, with no prospect of recovery absent significant weight loss, which itself may not reverse the current state. His medical stability is extremely fragile, and even minor changes in treatment or environment could cause life-threatening complications. He will remain permanently dependent on oxygen therapy.”

Agrizzi is under the care of a multidisciplinary team, including a pulmonologist, cardiologists and an endocrinologist. He receives home-based physiotherapy and nursing care.

Exposing State Capture

The Bosasa scandal was blown wide open when Agrizzi gave self-incriminating evidence at the Zondo Commission of Inquiry into State Capture in 2019, claiming that he was aware of and involved in corruption throughout his tenure at Bosasa.

His evidence, which exposed the depth of State Capture, was described as indispensable by then Deputy Chief Justice Raymond Zondo.

“The commission is indebted to Mr Agrizzi. His evidence helped uncover corruption that would not have otherwise come to light,” said Zondo.

During his testimony, Agrizzi implicated several politicians at local and national levels, whom he said had benefited from more than R70-million in Bosasa bribes intended to secure state contracts. Among those implicated were senior ANC figures, including Nomvula Mokonyane, Gwede Mantashe, Dudu Myeni and Cedric Frolick.

Agrizzi’s legal team used this to convince the court that he was remorseful.

The plea agreement also revealed that Agrizzi had incurred losses of more than R50-million since the trial began, including legal fees, medical bills and loss of income.

“The accused’s employment and financial stability have been decimated. He has been unable to return to gain employment since leaving the hospital in December 2020, apart from providing occasional consultancy [services]. He has incurred quantifiable losses of R59.6-million,” the agreement read. DM