The lawyer representing former Bosasa COO-turned-whistleblower Angelo Agrizzi has told News24 that the pulmonologists who examined his client agree that he can't physically attend his court case.

Agrizzi's corruption case was back before the Specialised Commercial Crimes Court, sitting in the Palm Ridge Magistrate's Court in Johannesburg on Tuesday.

But the case was postponed to 23 January 2023, to await the outcome of a case in the Gauteng High Court in Pretoria on whether Agrizzi could physically stand trial.

Earlier this month, News24 reported that the High Court would have to decide whether Agrizzi could physically stand trial for his role in the R1.8-billion Bosasa fraud case.

If the High Court determines that he is fit to stand trial, it will also have to determine whether he must attend court physically or virtually.

That application will be argued on 2 December, and the arguments will be based on medical reports.

On Tuesday, Agrizzi's lawyer, Mannie Witz, told News24 the State's appointed doctors and Agrizzi's doctors had done "all" medical examinations.

Witz said they appeared before Gauteng Deputy Judge President Aubrey Ledwaba, who had given directives for the doctors to do "joint pre-trial minutes as to whether they agree to agree or agree to disagree"

"The pulmonologists have already agreed that he can't physically come to a court. He is not in good condition. He is obviously on 24/7 oxygen.

"His condition is very bad, and so they are in agreement of that, but the State is persistent. They say they still want to proceed against him. They want to try and do it virtually. If anything, I think they are talking [about] maybe half an hour to an hour a day, with nurses and doctors assisting him," Witz said.

"There are other medical aspects that still need to be investigated. The doctors are going to get together and do joint minutes."

Agrizzi has not appeared in court since October 2020, due to his health.

He and former ANC MP Vincent Smith were arrested and charged with corruption after Agrizzi allegedly offered gratification to Smith on behalf of Bosasa, in exchange for his influence as the then-chairperson of Parliament's oversight committee on correctional services.

Smith faces additional charges of fraud for alleged payments made to his company Euroblitz in 2015 and 2016. He also faces charges of money laundering, tax evasion, and contravention of the Financial Intelligence Centre Act.

The court previously granted the State's application for trial separation due to Agrizzi's ill health. Smith had pleaded not guilty and maintained the money was a loan from Agrizzi, a claim Agrizzi denied.