Deputy chief justice Raymond Zondo. Picture: ALON SKUY
Deputy chief justice Raymond Zondo. Picture: ALON SKUY

The state-capture commission of inquiry postponed the evidence of former correctional services boss Linda Mti and Pretoria chief magistrate Desmond Nair on Tuesday due to administrative glitches.

Mti and Nair were due to respond to allegations levelled against them by former Bosasa executive Angelo Agrizzi at the commission in 2019. However, both were served with notices to appear before the commission late and have not received all the evidence against them.

A legal representative for Mti said his office received notice for Mti’s appearance six working days before the hearing on Tuesday. “I have informed Mr Mti but unfortunately the notice was short.”

In the case of Nair, evidence leader Viwe Notshe SC said there were two outstanding affidavits to be commissioned and made available to him.

“We are unable to proceed today because, in fairness, Mr Nair should see those statements before he testifies. By July 31, the statements would be served on them,” Notshe said.

Zondo said the commission was not going to proceed with the evidence of Nair, who was present at the commission, because affidavits needed to be exchanged. “The hearing of the evidence of Mr Nair and Mr Mti is adjourned ... and other dates will be arranged,” he said.

Agrizzi testified last year that Mti allegedly received up to R65‚000 a month for several years from Bosasa after he resigned from the department of correctional services. He claimed Bosasa also paid Mti’s travel costs‚ arranged flights and holidays for his family‚ and paid for his children’s education.

Agrizzi alleged that Bosasa also oversaw the constructionof, and footed the bill for, lavish houses built for Mti and correctional services CFO Patrick Gillingham.

Nair was supposed to come to the commission to respond to accusations made in 2019 by Bosasa employee Richard le Roux that Nair allegedly had R200,000 worth of security installed at his Pretoria home, including an electric fence, CCTV and alarm systems by Bosasa.

Notshe told Zondo that his team would provide Mti with evidence that implicates him before Friday.

It was also unclear on whether Gillingham will testify.

“The position is that the notice of set down was sent to him, to an e-mail that was used to communicate with him. There was no response. An SMS was sent to to his cellphone, but there is no response so far,” Notshe said.

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