Two former Bosasa employees appeared briefly in the Pretoria Commercial Crimes Court to corruption charges on Thursday.
Frans Vorster and Carlos Bonafacio are facing charges of corruption. Bonafacio is also facing a charge of money laundering under the Prevention and Combating of Corrupt Activities Act 12 of 2004.
According to the indictment, the state has alleged that the pair acted in common purpose to facilitate a R180 000 bribe to a Department of Correctional Services official, Patrick Gillingham, who sat on the tender bid adjudication committee, which had awarded lucrative contracts to Bosasa. The funds were allegedly transferred to a Mercedes Benz Constantia Kloof dealership in Roodepoort, towards the official’s purchase of a R555 150,02 Mercedes Benz E320 CDI. The funds were transferred to the dealership in April 2007.
“Gillingham, colluded with BOSASA (Pty) Ltd and Mr Angelo Agrizzi and other employees of BOSASA Group, to draft or compile the bid specifications which were used as part of the invitation to bid for tenders, HK2/2004, HK2/2005, HK24/2005 and HK25/2005, resulting in the BOSASA Group being advantaged over other potential bidders and being awarded the said tenders since they had knowledge of the bid specifications before the said tenders were advertised,” the indictment read.
In Bonafacio’s money laundering charge, it was further alleged that he had arranged for the payment of R180 000 from Bosasa’s FNB bank account, to Agrizzi’s FNB bank account. Agrizzi then allegedly transferred the sum into Bonafacio’s FNB account. Bonafactio made a cheque out to himself and deposit the R180 000 into his Nedbank account.
According to the indictment Bonafacio “then instructed Nedbank to transfer the said amount of R180 000 to the Nedbank account belonging to Sandown Motor Holdings, with reference, “GILLINGHAM”, as part payment towards the purchase of a Mercedes Benz E320 CDI for the benefit of Mr Patrick O’Connell Gillingham.”
The state alleged that the payment “for the benefit” of Gillingham was made in order for him to “personally act in a manner that amounts to the illegal, dishonest, unauthorised, incomplete, or biased exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation”. It also alleged that it was intended to make him to act in a way that would lead to the abuse of his position of authority and violation of his legal duty or to “achieve an unjustified result”.
NPA spokesperson Sindisiwe Twala said the matter postponed to the 29 April for the accused to obtain further particulars.