Suspended chief magistrate Desmond Nair to make representations in Bosasa bribery case

Suspended Pretoria chief magistrate Desmond Nair is set to submit a request to the National Director of Public Prosecutions (NDPP) for intervention and an investigation into his prosecution.

Nair appeared before Pretoria Commercial Crimes Court on charges of corruption.

He was implicated by a number of witnesses at the Commission of Inquiry into State Capture, chaired by then acting Chief Justice Raymond Zondo in 2019, where it emerged he had allegedly been provided with “home security upgrades”, courtesy of one of Bosasa’s subsidiaries, Sondolo IT.

Charges

National Prosecuting Authority (NPA) spokesperson Henry Mamothame said Nair’s case was postponed to 20 August 2024.

“Nair is facing charges of corruption for allegedly receiving security upgrades, valued at approximately R200,000 to his Silverton home, provided by African Global Operations, formerly known as Bosasa in September 2016.

“The upgrades include an electric fence, alarm system, perimeter beams and CCTV system. The gratification was allegedly offered and received by Nair in order for him to act in a dishonest or improper manner in his influential position as the officer of the judiciary,” Mamothame said.

The court warned Nair to avail himself when the matter sits on 20 August 2024.

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Corruption

Nair, who was subsequently suspended and charged with two counts of misconduct in terms of the Magistrates’ Courts Act, in an affidavit he deposed to as well as in oral evidence before the commission, denied any involvement in corruption or state capture and insisted he had arranged the upgrades privately.

During the State Capture Commission of Inquiry in 2019, Bosasa employee Richard Le Roux provided the commission with evidence about “special projects” he undertook at the behest of various Bosasa directors, including Nair, CEO Gavin Watson, chief operations officer Angelo Agrizzi, Trevor Mathenjwa, Syvion Dlamini and Papa Leshabane.

Others include then-environmental affairs minister Nomvula Mokonyane, Mineral Resources and Energy Minister Gwede Mantashe (at the time ANC secretary-general), former South African Airways chair Dudu Myeni, deputy minister of Correctional Services Thabang Makwetla, ANC MP Vincent Smith, and the one-time procurement manager at Passenger Rail Agency of South Africa, Mbulelo Gingcana.

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