Court orders mental observation for Agrizzi to determine his fitness to stand trial

The Pretoria high court has ruled that former Bosasa COO Angelo Agrizzi be referred for mental observation to determine his fitness to stand trial in the R1.8bn Bosasa tender fraud case. 

Agrizzi appeared virtually before judge David Makhoba on Thursday. 

Agrizzi has not been able to attend two court cases where he is an accused since 2020 due to ill health. This has resulted in a number of postponements in his case with co-accused former correctional services commissioner Linda Mti, the department’s former CFO Patrick Gillingham and former Bosasa CFO Andries van Tonder.

In another case, Agrizzi’s corruption trial was separated from his co-accused, former ANC MP Vincent Smith, in 2021.

In that case, the Investigating Directorate said the charges stem from Bosasa, through Agrizzi, offering Smith gratifications in the form of security upgrades to his Gauteng home and Smith’s acceptance of cash transferred into his personal bank account via the bank account of his company, Euroblitz.

The ID said there were also alleged payments in exchange for Smith’s political influence as an MP for the ANC to shield Bosasa from accountability for corrupting officials in the department of correctional services who awarded Bosasa contracts worth billions of rand.

Earlier this year, the Pretoria high court held an inquiry to determine whether Agrizzi had wilfully absented himself from attending the trial. The inquiry heard from a neurosurgeon appointed by Agrizzi’s legal team in April, who concluded that Agrizzi had suffered a brain injury, making him incapable of following court proceedings.

Handing down his judgment, Makhoba said it was not for the court to decide whether a person is mentally fit to stand trial. He said it was for the professionals to decide.

Makhoba declared it was the state’s responsibility to ensure that Agrizzi is safely taken to a mental institution and that he takes his medication.

The case in Pretoria relates to four tenders awarded by the correctional services department to Bosasa and its subsidiaries between August 2004 and 2007. The tenders were for rendering catering and training services, installation of CCTV cameras, installation of perimeter fencing, and supplying of a television system and monitoring equipment. 

The matter was postponed until October 31 for the results of Agrizzi’s mental fitness test. 

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