After several days of testimony in an inquiry into Angelo Agrizzi's continued absence from court since October 2020, the Gauteng High Court in Pretoria has ordered that the former Bosasa COO-turned-whistleblower should attend his criminal cases virtually. 

The order is by agreement between the State and Agrizzi's legal representatives. They agreed that due to his condition, Agrizzi was not at fault for not attending court physically.

Judge David Makhoba commended counsel for agreeing on the way forward instead of "wasting the court's time".

The judge also told Agrizzi, who attended proceedings via video link, surrounded by medical equipment with an oxygen mask, that he hoped he would recover, adding, "as we heard [from a pulmonologist], your condition is not permanent. He said if you lose 50kg things might change".

Makhoba was, however, concerned about the testimony of Dr Herman Edeling, who said Agrizzi was not neurologically fit to stand trial.

"That remark cannot just be ignored," the judge said, adding that as a presiding officer, brain injury was "very serious in whatever way you interpret it".

The judge continued, "He [the doctor] says he [Agrizzi] is not neurologically fit to stand trial. Why should I subject this person to stand trial? That would be very wrong."

During his testimony, Edeling, who examined Agrizzi in March 2022, was asked by Agrizzi's advocate Mannie Witz, to observe how his client looked during proceedings. 

Responding, Edeling said:"Mr Agrizzi is not really present in these proceedings. He does not appear to be following proceedings, and it cannot be said that he is meaningfully participating."

He added Agrizzi was "not insane” but had neurological brain damage.

On Wednesday, Witz said the evidence that was clear in court was that Agrizzi does not have a mental illness.

Therefore there was no basis for him to be sent for observation.

Prosecutor, advocate Arno Rossouw said the evidence of clinical neuropsychologist Trevor Reynolds shows that Agrizzi can meaningfully contribute to his cases.

He said the State's position was that a neurosurgeon "was not equipped" to pronounce on a person's fitness to stand trial.

"We have the evidence of Mr Reynolds, who said he can stand trial. I cannot take it further," Rossouw added.

After considering the matter, Makhoba decided not to rule on whether to refer Agrizzi for mental observation. 

That decision would be taken in future, he said. The matter was postponed to 20 July. 

Agrizzi is charged with fraud and corruption relating to tenders between Bosasa and the Department of Correctional Services (DCS). The criminal matter involves four tenders, valued at more than R1.8-billion, which were awarded to Bosasa and its subsidiaries between August 2004 and 2007. 

News24 previously reported that the tenders were for catering and training services, the installation of CCTV cameras, the installation of perimeter fencing, the supply of a television system, and equipment monitoring.

It is alleged that these tenders were obtained through corruption.

In October 2020, Agrizzi was denied bail in a separate matter, in which he is accused of paying bribes to former ANC MP Vincent Smith.