Controversial Arthur Fraser has challenged the findings of the Chief Justice Raymond Zondo. Known as the whistleblower in the Phala Phala scandal, Fraser has filed court papers challenging the Zondo Commision Report, recommendations and its findings. Fraser wants the Gauteng High to set aside all the findings by the commisison.The court's respondents  are Chief Justice Raymond Zondo, Paul Pretorius, Terrence Nombembe, Minister of Justice and Correctional Service Ronald Lamola and President Cyril Ramaphosa.

FOUR KEY POINTS

In a sworn affidavit Fraser mentions four key points he is basing his application, where he says there was  procedural unfairness, relevant condiderations ignored, bias or suspected bias and unlawfulness and Irrationality.
In court papers filed on December 14, 2022 through his lawyers, Mabuza Attorneys and Nkome Inc Attorneys, which Zimoja is in possession of, Fraser said that Zondo must state the reasons why the findings of the commission must not be reviewed and set aside. He mentioned the names of witnesses and wants their evidence thrown out, including Mo Shaik, Gibson Njenje, Dr Sidney Mafumadi and Jeff Maqetuka to mention the few.

CHALLENGING THE COMMISSION

Fraser is challenging evidence given to the commission that claimed he enabled corruption and a lack of accountability involving at least R125M during his time as Director-General of the State Security Agency (SSA). "The applicant intend to making application on a date determined in consultation with the registar or as soon as counsel may be heard in an order in the following that the report of the commission relating to State Security Agency, Evidence obtained by the commission on 29 January 2021, Certain Findings Law Agency, Summary of Findings and Recommendations, All The Recommendations in relevant parts that refer to applicant are declared unlawful, irrational, unconstitutional and is reviewed and set aside," the court papers reads.
The papers further read: "Kindly take note that the first the affidavit of Mr Fraser and annexures thereto will be used in support of this application. The first respondent as represented by the Chief Justice is called upon to show cause why the decision or proceedings should not be reviewed, corrected and set aside and dispatch within 15 days aftet receipt of this application to the registar the record of such reasons as it or he may by law required or desire to give or make and notify the applicant  that it or he has done so, Take notice  further that within the prescribed timeframe of receipt of the record from registar , the applicant may by delivery of a notice and accompanying affidavit amend,add to, vary the terms of the notice of motion and supplement its founding affidavit in terms of rule 53(4) of the rules of court. Take notice further that if any respondent intend to oppose this application it us required in terms of rule 53 (5) that within 15 days after the receipt of this notice of motion or any amendment thereto to deliver notice to the applicant that intends to oppose and in such notice an address within 8 kilometres of the office of the registrar at which it will accept notice and service of all process in these proceedings and within 30 days after the expiry of the time referred to rule 53(4) of the uniform rules of the court to delivery any affidavit it may desire in answer to the allegations made by the applicant." Fraser has given the respondents 15 days to respond to his application.

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