Suspended Chief Magistrate Desmond Nair of Pretoria is piling up, with the lawyer facing possible charges of corruption alongside an investigation into his suitability to hold office over his alleged untrustworthy dealings with Bosasa. Nair was implicated by a number of witnesses to the coup investigation committee chaired by acting Chief Justice Raymond Zondo, which revealed that he had been provided with “home security upgrades” courtesy of one of Bosasa’s subsidiaries, Sondolo IT. Nair, who was subsequently suspended and charged with two charges of misconduct under the Magistrates’ Courts Act, in an affidavit that he…
Suspended Chief Magistrate Desmond Nair of Pretoria is piling up, with the lawyer facing possible charges of corruption alongside an investigation into his suitability to hold office over his alleged untrustworthy dealings with Bosasa.
Nair was implicated by a number of witnesses to the coup investigation committee chaired by acting Chief Justice Raymond Zondo, which revealed that he had been provided with “home security upgrades” courtesy of one of Bosasa’s subsidiaries, Sondolo IT.
Nair, who was subsequently suspended and charged with two charges of misconduct under the Magistrates’ Courts Act, denied in an affidavit he gave, as well as in oral evidence before the commission, any involvement in corruption or coup d’état and insisted that he had arranged the upgrades privately.
But Zondo said in its third report, made public on Tuesday: “There can be little doubt that from the perspective of Bosasa and its subsidiary Sondolo IT, the free installation of the security system was an attempt at inducement.
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“Regardless of Mr Nair’s ability to influence the outcome of tenders, his alleged influential position as Chief Magistrate would have made him a suitable target for incitement in circumstances where Bosasa and Sondolo IT wanted to maintain their security service contracts with the Justice Department.
“This is so despite Mr Nair’s evidence that he is distancing himself from procurement activities at the court. In his own version, the court manager would ask his opinion on these kinds of operational matters, even though the court manager has the final say.
“One can also see an advantage to Bosasa in having a senior member of the magistracy ‘onside’ in case Bosasa’s activities should ever lead to any of its office holders or employees being prosecuted.”
He found that there were a number of aspects that Nair had not “satisfactorily explained” in his testimony.
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Ultimately, Zondo felt there was “a reasonable prospect that further investigations will uncover a prima facie case against Mr Nair…” Former chief operations officer at the Department of Justice Dr. William Khotso de Wee – who also served as the secretary of the commission of inquiry until 2019 when he was suspended amid allegations of taking bribes from Bosasa – was also among those flagged in Zondo’s report for further investigation.
Angelo Agrizzi, former Bosasa chief operating officer and whistleblower turned whistleblower, accused De Wee of a 2013 tender for security systems at several courts across the country.
In his own evidence, De Wee denied any wrongdoing.