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ANC deputy Cedric Frolick peppered his investigative testimony on the state capture with qualifications, such as “according to my memory.” and “as far as I can remember” regarding the events of ten years ago. Frolick, who disputed all allegations of wrongdoing against him, agreed that he encouraged a reluctant Vincent Smith to meet with Bosasa representatives in 2010. Former Bosasa COO Angelo Agrizzi previously claimed that he had paid bribes in cash to Frolick and Smith. Both politicians deny receiving bribes.
The testimony of the ANC deputy and former president of the National Assembly, Cedric Frolick, in the investigation into the capture of the state on Friday, October 2, 2020, was plagued with memory lapses. And his evidence peppered with resignations.
Frolick committed to a version as long as he could remember and emphasized that he responded according to his memory.
To be fair, test leader Viwe Notshe SC’s advocate was questioning Frolick about the events that happened several years ago.
“We must bear in mind that the incidents that happened here happened in 2010,” Frolick said of a specific meeting at the Bosasa facility, adding that various events under scrutiny were no longer fresh in his mind.
Frolick, who is accused of receiving tens of thousands of rand in cash bribes, began the day’s session by describing his long-standing ties to the Watsons.
“They are good friends of mine,” he said of the surviving Watson brothers. Frolick reflected the position of the family as a result of the death of his older brother on Monday, August 26, 2019.
“As a family, they are very upset that their brother, Mr. Gavin Watson, died under mysterious circumstances and they have a particular opinion,” Frolick said.
Frolick testified that Valence Watson “is angry, is very angry and is agitated by the accusations of Mr. [Angelo] Agrizzi is doing ”.
Frolick refuted evidence from former Bosasa COO Agrizzi, who claimed that Frolick received a monthly advance of R40,000 from the company. Agrizzi claimed that he personally packed bribes in cash.
He swore he witnessed Frolick getting paid, including from the charismatic entrepreneur Gavin Watson at the Bosasa facility in 2010, and from Valence Watson at a luxurious home in the Eastern Cape.
Frolick rejected Agrizzi’s claims as unfounded and lacking substance. Surely, Frolick said, if he was paid regularly, there would be some record of the transactions. In some cases, Agrizzi’s claims excluded precise details of date, time and location.
Agrizzi testified in 2010 that then the Chairman of the Sports and Recreation Portfolio Committee, Butana Komphela and Frolick visited the Bosasa business park. In their version: Agrizzi, Frolick, Komphela, and Watson sat in a boardroom, and the purpose of the meeting was to advance Bosasa’s business interests, including addressing Bosasa’s issues in light of bad press.
In 2009, the Special Investigations Unit (SIU) recommended prosecutions in relation to several fraudulent prison contracts that Bosasa won with the government.
The negative reports about Bosasa continued during the following year. No prosecutions were started. To this day, no one has been convicted in connection with Bosasa’s shady deals.
While Frolick agreed that a meeting occurred in 2010 on the Bosasa site, he challenged Agrizzi’s version of his purpose. According to Frolick, Komphela was invited to Bosasa to discuss the company’s interest in sports for at-risk youth.
Generally speaking, this fell into Komphela’s area of interest as head of the Sports Committee in Parliament. Frolick said it was common for politicians to receive such invitations and that he accompanied his friend, Komphela.
What a coincidence that the reunion was with Gavin Watson, a member of a family with whom Frolick says he remains close to this day.
Agrizzi scrapped Frolick’s version of the meeting, which included a planned visit to a sports facility. He recorded that the Bosasa facilities were paved (apparently the point was that there was no sports green) and there were no youth sports facilities on site.
Frolick and Komphela reportedly inquired about the sports facility and were informed that it was not yet ready for viewing. He said a tour of the facility was not conducted as it would have taken him four hours, Komphela had mobility problems and needed to return to Bloemfontein.
The chairman of the investigation, Supreme Court Vice President Raymond Zondo, commented on the time required and the distance traveled by Frolick and Komphela. Zondo was struck by the fact that after all that effort to go to the Bosasa business park, the two guests did not see what they came to see (that is, the youth sports facility).
Agrizzi stated that the purpose of the meeting was to address Bosasa’s issues in Parliament. He testified that Watson paid Frolick a bribe during the visit. Agrizzi claimed that Frolick and Watson stepped aside and the CEO handed the politician a wad of bills.
“No, I did not receive money,” Frolick replied. “I had no parallel discussions with Mr. Gavin Watson. There was no need to have side discussions with anyone. ”It was a brief engagement, as far as Frolick could remember.
“Chairman, from what I remember, Mr. Watson was present at the discussion we were having,” Frolick said.
He did not ask, “And did you see his vault?”
Frolick replied, “No.”
When asked if Watson momentarily left the meeting, Frolick replied, “It is beyond my memory.” According to Frolick, Komphela remained seated in the boardroom during the 2010 meeting. Had Watson paid her (and Frolick testified that Watson did not), Komphela would have witnessed the exchange.
Frolick attached a confirmatory affidavit from Komphela corroborating his version of the 2010 meeting.
In another part of his testimony, Agrizzi claimed that he gave a bundle of cash to Valence Watson, who later paid it to Frolick. All of this, Agrizzi alleges, happened at Valence Watson’s home. He listed the home’s features, including a gym, brown leather living room, and Persian rugs.
Frolick testified that he visited Valence Watson’s home many times, but had never seen the gym. She confirmed a brown leather and rugs lounge, but didn’t know if they were Persian or not. He insisted that Valence Watson did not pay him money, as Agrizzi alleges.
Notshe asked Frolick why he didn’t get a confirming affidavit from Valence Watson when he got one from Komphela. “I didn’t ask,” Frolick said.
Elsewhere, Frolick recorded that he received two shirts, two pairs of shoes and a belt from Valence Watson for a birthday, claiming that he declared the gifts to Parliament. Frolick also revealed that she received a desktop computer on behalf of her Eastern Cape constituency.
After a short ten-minute break at lunchtime, Notshe presented Frolick with a phone call log, which reflected various conversations between him and Watson.
During March 2017, there were some calls between the then Minister of Water and Sanitation Nomvula Mokonyane and Frolick (including missed calls and calls that went to voicemail).
Sponsored by Bosasa Mokonyane 40th Birthday Party in a Krugersdorp guesthouse. She denied that Bosasa paid any her birthday, and dismissed the testimony alleging that she and members of her family received kickbacks, such as Christmas baskets and an alleged monthly stipend of R50,000.
The call log Notshe submitted listed calls between Frolick and Bosasa elders, Johannes Gumede and Papa Leshabane. “I’ve known Dad for a long time,” Frolick said. He reported that they met at a Watson funeral in Port Elizabeth, Eastern Cape.
“It seems that there are quite frequent calls between you and Mr. [Vincent] Smith, ”Zondo commented. Frolick confirmed. One day before Frolick’s testimony, Smith appeared in court for one count of corruption and one count of fraud.
Smith is accused of receiving benefits from Bosasa worth just over R180,000. Smith pleaded not guilty to both charges and was released on bail of 30,000 rand. According to AgrizziSmith (who was previously head of the prisons committee in Parliament) was initially hostile towards Bosasa. In 2010, the top management of the company developed a strategy to win it over.
Smith led the Correctional Services Portfolio Committee at a critical juncture, particularly after the release of the 2009 SIU report proving the violation of the Bosasa law.
“I was never part of Bosasa,” Frolick said. He testified that Bosasa CEO Gavin Watson often complained about difficulties in winning contracts.
“He kept saying he’s being treated unfairly in his business operations and he doesn’t know why,” Frolick recalled.
When Watson raised issues about Bosasa’s problems, Frolick claimed that he would stop his friend. “I can’t help you with that. I can give you an opinion […] As a friend, I can advise you, ”Frolick said he would tell Watson.
Frolick insisted that he would deflect any discussion started by Watson about Bosasa’s problems, but encouraged Smith to meet with representatives and listen to them.
Here Agrizzi and Frolick agree: the plan to send Frolick as a peacemaker came up during the 2010 meeting in a Bosasa boardroom.
“Mr. Komphela said that Mr. Smith is a very stubborn person and as I know him better, perhaps I should discuss the matter with him in regards to a possible visit, so that they can go about their business as to attempts that have made. done in the past to make presentations to have unsuccessful meetings, “explained Frolick.
“It is from that point of view that I approached Mr. Smith and asked if he would participate or if he would like to be part of said meeting.”
Frolick told Zondo that he encouraged Smith “just to give them an audience” and from this point on, Smith’s coldness towards Bosasa began to thaw.
Just listen to what they have to say. You don’t need to work with them. You don’t have to agree with them, ”Frolick said he told Smith.
Zondo pointed out that Bosasa was at a standstill following the SIU report. Winning at the head of the committee with a view to the prison contracts would prove essential to Bosasa’s survival.
Thanks to Frolick’s intervention, Smith met with Bosasa staff. “In fact, there was a change in attitude from Smith towards Bosasa,” Zondo said.
With a change in attitude came alleged benefits and risks, as evidenced by Smith’s recent court appearance (granted, more than a decade since the SIU’s damning findings). Smith is due to appear in court on Wednesday, October 14, 2020.
Zondo excused Frolick on Friday afternoon. The investigation procedure is scheduled to resume at 10 a.m. on Monday, October 5, 2020, with a renewed focus on Eskom. DM
