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[PLEASE NOTE] Proceedings will resume at 14:15 and not 14:00. I misheard, my apologies.

#StateCaptureInquiry Advocate Veruschka September is leading evidence @StateCaptureCom for the first time. She is going to lead Advocate Marijke de Kock of the NPA in evidence.
#StateCaptureInquiry De Kock takes the oath. "So help me god," she says with her right hand raised. September refers to Agrizzi's evidence and his statement on 17 NPA documents Agrizzi testified were leaked to him.
#StateCaptureInquiry September says of Agrizzi, "He informed that Richard Linda Mti - over a period of time - supplied him with various documents that he indicated that he had received either from Jackie Lepinki, Lawrence Mrwebi or Nomcobo Jiba."
#StateCaptureInquiry Zondo adjourns for a short adjournment after Pretorius announces a reported problem with the audio on the live stream.
#StateCaptureInquiry Zondo returns and proceedings resume. September addresses the bundles to be referred to in De Kock's evidence. De Kock confirms De Kock is employed as an advocate at the NPA, and based at the Specialised Commercial Crimes Court in Pretoria.
#StateCaptureInquiry De Kock confirms she specialises in crimes of theft, fraud and corruption. She confirms her affidavit, noting an amendment. September asks De Kock to provide details of her qualifications and career history.
#StateCaptureInquiry De Kock says she studied at the University of Pretoria, where she obtained two law degrees and she joined the prosecuting authority in 1986 while she was still studying. De Kock started prosecuting in 1987, she says.
#StateCaptureInquiry September instructs De Kock to list her different positions in the NPA. De Kock does so, and says her current position is Senior Deputy of Public Prosecutions. September raises Bosasa, De Kock notes Advocate Glynnis Breytenbach was the original prosecutor.
#StateCaptureInquiry De Kock says they investigated fraud and corruption and offences under POCA. She is working on another affidavit for the @StateCaptureCom with further detail on the Bosasa matter.
#StateCaptureInquiry September confirms today's evidence from De Kock focuses on NPA documents Agrizzi tabled, which he says were leaked. September asks if De Kock has grouped the documents. "I worked according to a date sequence, I grouped them into four different groups."
#StateCaptureInquiry September refers to a document and asks De Kock to compare it with another. "Is there any difference between these two documents?" asks September. As far as De Kock is concerned there is no difference, she replies.
#StateCaptureInquiry De Kock notes a distinction between a copy of an NPA document Agrizzi submitted and a copy De Kock submitted. "It's just that that one page should have been inserted [...] except for the missing page, the rest is all the same," says De Kock.
#StateCaptureInquiry "The content is the same, it is just the space it has taken," says Zondo. "The other one has just got an additional page," says De Kock. She says in October 2011 she received a request to comment on a document.
#StateCaptureInquiry De Kock says in October 2011 she received a request to prepare an opinion by her senior Colonel Danie Kriel. September refers De Kock to the conclusions in her opinion.
#StateCaptureInquiry De Kock reads that the integrity of the judicial process is essential. "I am of the view [...] that this subpoena amounts to an abuse of process," reads De Kock of her opinion dated October 2011.
September: Do you know how this document made its way into the hands of Angelo Agrizzi?
De Kock: Chair, I have no idea.
#StateCaptureInquiry September refers now to the second group or category of NPA documents. She raises an email from Mrwebi dated 1 November 2012 sent to two others, the subject is a Section 205 Subpoena. It reads, "Please as a matter of urgency can I get a status report."
#StateCaptureInquiry In the 2012 email, Mrwebi asks for a status report on an urgent basis, with details of the planned charges, the intended accused and more in connection with the Bosasa matter. Mrwebi sent this message to Marshall Mokgatle and one other.
#StateCaptureInquiry September refers to an email from Brian Biebuyck dated 31 October 2012. De Kock says it's "correct" they are the submissions Mrwebi attached to his email to Mokgatle and one other.
#StateCaptureInquiry September moves on to an email sent to De Kock, including the Mrwebi email to Mokgatle and one other. It includes the instruction from Mrwebi for a status report on the #Bosasa matter.
#StateCaptureInquiry "By ten the next day [...] I should provide a response [...] I must say it was very short notice but I did prepare a document," says De Kock on what happened next.
#StateCaptureInquiry De Kock refers to the memorandum which Mokgatle signed as then Acting Regional Head of the Specialised Commercial Crimes Unit. "The contents of that document was prepared by me," she says.
#StateCaptureInquiry The memorandum sets out the case and two advocate's views on the merits of the case, says De Kock. She says she has carefully read though NPA documents Agrizzi tabled and those included in her bundle. She is satisfied the current documents are the same.
#StateCaptureInquiry "During this time I was regularly requested to report on the Bosasa matter," says De Kock. She refers to a document dated 2 November 2012. "At that time when I had to respond, in the meantime, I was told the representations [...] had been turned down."
#StateCaptureInquiry To follow proceedings live, you can go to eNCA's website. See the link below.
enca.com/news/livestrea…
#StateCaptureInquiry De Kock reads a written analysis, response to Biebuyck's papers. That analysis notes a decision to withdraw subpoenas connected to Bosasa would amount to insubordination of a magistrate's decision, and then the Bosasa investigation was still in progress.
#StateCaptureInquiry September asks who PA assisted De Kock in formatting an original document. De Kock says it was Mokgatle's PA - a Ms Moja - and Mokgatle reported to Mrwebi.
#StateCaptureInquiry De Kock talks about a draft sheet prepared, it seems, in 2010 in relation to allegations of corruption against Patrick Gillingham of the Department of Correctional Services.
#StateCaptureInquiry She speaks of R3.6 million Gillingham held in moveable and immoveable property allegedly received due to the "corrupt relationship" between him and Bosasa officials. De Kock refers to a "stream of benefits" to Gillingham.
#StateCaptureInquiry September and De Kock then move on to a 2013 document. September asks De Kock about certain annotations on a charge sheet. She describes prosecutor guided investigations. "From the beginning we realised this would be an investigation with a huge magnitude."
#StateCaptureInquiry De Kock says annotations in red indicate she was not completely happy with a certain document linked to the Bosasa work of the NPA in which she was involved. September refers De Kock to another document with a "general preamble" included.
#StateCaptureInquiry September mentions the charge sheet, the preamble and another document were prepared for Mrwebi. "Ja, that is corrected we always reported on matters of this nature to the Special Director," replies De Kock. She says she doesn't know how they reached Agrizzi.
#StateCaptureInquiry Zondo has adjourned briefly for a comfort break. De Kock is set to complete her initial evidence today, and there is indication she will file a supplementary affidavit on further aspects of the NPA's work on Bosasa.
#StateCaptureInquiry Proceedings resume after a short break. September refers to the fourth group of documents and a particular email. She asks if it is an email referred to in De Kock's affidavit. "Correct," says De Kock.
#StateCaptureInquiry The email De Kock mentions was sent on 8 August 2013 and she reports it was confidential. Zondo says when a supplementary affidavit is prepared to ensure the relevant addenda are cited with appropriate references and page numbers.
#StateCaptureInquiry "It was sent from me. I sent it to Advocate Mokgatle," says De Kock of the 2013 email, noting the subject title was on a confidential email about Bosasa, Gillingham, Mti and others in connection with racketeering charges, and it included attachments.
De Kock says the copy of the email she sent to Mokgatle included the word "confidential" in bold format as a form of emphasis. It notes the final draft sheet could be very different from the draft charge sheet and concerns over the security of documents was previously discussed.
#StateCaptureInquiry De Kock on the security of the documents, "I had a meeting with my investigating officer. I said to him, there were two of them [...] I said to them, 'Look, who of the two of you is leaking our documents.'" She says the officers said it was not them.
#StateCaptureInquiry "Because we did not know who was leaking our documents, we could not do nothing about it [...] they knew it was leaked but they couldn't pinpoint the person or persons responsible," reports De Kock.
#StateCaptureInquiry De Kock says one of the investigating officers informed her that the NPA's documents on Bosasa were being leaked. September asks how big was the team on the Bosasa matter. In 2010, says De Kock, it was two people and later a third investigator was roped in.
#StateCaptureInquiry At a later point, says De Kock, another investigating officer with the surname Smit was added and an investigator with the surname Kriel retired at a point. "Our investigations started from the SIU report," she says.
#StateCaptureInquiry De Kock says she worked on Bosasa at the NPA from 2010 to 2016, in 2013 she was very concerned about the security of the NPA's documents, particularly dockets, especially in connection with the Bosasa matter. She was aware of Bosasa data being destroyed.
#StateCaptureInquiry "I was seriously concerned about document security at the time," says De Kock noting she informed her superior about the problem, she made a copy of that email and she made a hard copy of it. She says she was able to arrange for the recovery of a document.
[COMMENT] #StateCaptureInquiry This evidence is a bit clunky and dry, albeit necessary. It's a compare-and-contrast exercise regarding confidential NPA documents leaked to Agrizzi, he claims by Mti, and the NPA documents De Kock attached to her statement to the @StateCaptureCom.
#StateCaptureInquiry That said, this evidence does reflect some internal work and communication between different NPA personnel regarding #Bosasa. We've also heard that the authority had a draft charge sheet in 2010, yet a case was only begun proper earlier this year.
#StateCaptureInquiry The list of 27 accused in a provisional draft charge sheet dated 8 August 2013: Gillingham, Mti, Agrizzi, Mansell, Hoeksma, Smith, Watson, Bonafacio, Van Tonder, Vorster, Bosasa Operations, Sondolo IT, Phezulu Fencing, Consilium Property, 13 other companies.
#StateCaptureInquiry "This was a serious draft document. It was provisional, it was not meant to be final," says De Kock of this 2013 provisional draft charge sheet compiled in connection with then intended NPA action in connection with #Bosasa and claims of lawbreaking.
#StateCaptureInquiry Zondo notes that Watson is cited in the provisional draft charge sheet as accused number seven. September next refers De Kock to an NPA document in Agrizzi's bundle to the @StateCaptureCom.
#StateCaptureInquiry De Kock says, "It's identical, the two documents, except for the colour." September asks if De Kock has satisfied herself that the version of the provisional draft sheet that reached Agrizzi is identical to the document she submitted.
#StateCaptureInquiry September confirms that three documents recently discussed and which made their way into Agrizzi's possession are for all intents and purposes the same as her submission. "Yes, I can confirm they are my documents," replies De Kock.
#StateCaptureInquiry September notes that despite warnings and repeat comments on the confidentiality of these internal NPA documents, they found their way into the possession of Agrizzi when he was still working at Bosasa.
#StateCaptureInquiry September asks, "Do you know how these documents landed in the hands of Mr Angelo Agrizzi?" De Kock replies, "No, Chair." September refers De Kock to her affidavit and its mention of four groups of documents.
#StateCaptureInquiry "What was the legal status of these documents?" asks September. De Kock replies, "Most of them were preliminary documents or provisional, extracts, clearly my intention was that this was a work in progress."
#StateCaptureInquiry "They were all confidential in that the work of the NPA is confidential," says De Kock. She further notes she added an additional marking noting the documents were confidential and anyone who came across them would be warned of their status.
#StateCaptureInquiry "Everyone within the NPA who could have taken them out and given them, for example, to a Bosasa official would have known what they were doing was wrong," says Zondo. "Yes, Chair," replies De Kock.
#StateCaptureInquiry "We busy with an investigation, this is in August 2013. We are still busy with the investigation [...] it's still in progress [...] some of the information still needs to be follow up on [...] this could have harmed the investigation," says De Kock of a leak.
#StateCaptureInquiry September asks if De Kock thinks the leaking of these documents was random. "No," replies De Kock. "These documents would definitely have benefitted a suspect if he could lay his hands on it."
#StateCaptureInquiry De Kock continues, saying that some other documents would have had less value to someone drafting a defence. "I was really upset when I saw the documents they presented to us," says De Kock of NPA documents leaked to Agrizzi, presented to her by the inquiry.
#StateCaptureInquiry September asks if De Kock gave anyone in the NPA permission to provide her documents to anyone outside the authority. "No, no," replies De Kock. Zondo refers to her raising the leaks with colleagues, including Mokgatle.
MT: #StateCaptureInquiry Proceedings have adjourned for today. The @StateCaptureCom next sits on Friday.
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