Sep 25, 2022

Mawazo Writing Africa

Writing about the main

Former spy boss threatens private prosecution if NPA does not act

Former State Security Agency (SSA) chief Arthur Fraser has warned the National Prosecuting Authority (NPA) against pursuing a case he opened last year against four people who put him under the state’s arrest investigation have been implicated.

Should the NPA not act as he has had no news on the case, Fraser said he has no choice but to pursue private charges against the four people he fingered, including President Cyril Ramaphosa’s national security adviser, Sydney Mufamadi.

Fraser has given the head of the Gauteng district attorney’s office, Advocate Masenyani Chauke, until next Tuesday to take action.

The four Frasers are saddened to include his successor as spy chief, Loyiso Jafta, as well as two spies who testified under the pseudonyms Mr. Y and Ms. K in the investigation into the state’s capture. During their testimony, they claimed that Fraser signed millions of rand on wasteful operations with the SSA during the years of government capture.

Fr Ser argued at the time that the allegations against him were false and initiated Proceedings for perjury against the four, bringing into the case State Census Attorney Paul Pretorius SC, who led their evidence and accused him of supporting falsehoods.

To Chauke on his attorney Addressing Eric Mabuza, Fraser accused in a May 27 letter: “After the police investigation file on our client’s complaint was submitted to your office for a decision more than a year ago, our client has not been informed of the progress of the investigation or of the decision.” on this matter.

“We are then instructed to ask you to give your decision within seven days to inform whether Dr. Sydney Mufamadi, Mr. Loyiso Jafta, Mr. Y and Ms. K to be charged with perjury and whether Paul Pretorius SC and Attorney Veruschka September will be charged with incitement to commit perjury.”

Should Chauke’s decision not satisfy Fraser by next Tuesday , is he careful Then he would have no choice but to activate §§ 7 Paragraph 1 Letter a, 7 Paragraph 2 Letter a and 7 Paragraph 2 Letter b StPO. These sections provide for a private prosecution in the case of “any private person demonstrating a substantial and particular interest in the matter of proceeding arising out of harm suffered personally as a result of the commission of the offense referred to”, under section 7(1 )(a).

Section 7(2)(a) states: “No private prosecutor under this section shall obtain the process of any court to subpoena any person to answer an accusation, except by acting a private prosecutor submits to the official authorized by law to issue such a procedure a certificate signed by the [prosecutor] that he has seen the statements or affidavits on which the charges are based and that he opposes prosecution by the state authority”.

Chauke must, under Section 7(2)(b) if he opts out of prosecution as requested by Fraser, “certify [the private prosecution]”.

Support independent journalism by subscribing to The Sunday Times. Only 20 R for the first month.