The report states Agrizzi is battling a number of health problems, including hypertension and diabetes.
Witz said Agrizzi's legal team did not have a problem with the guards stationed outside the ward and in the car park, but had a problem with the three inside the private ward.
“Doctors cannot freely treat him. This is not conducive to treating him in the condition he is in,” Witz said.
He said the magistrate erred by not giving more weight to Agrizzi's medical condition when denying him bail.
Witz said another reason Agrizzi should be released on bail is because of the weakness of the state's corruption case against him.
Witz said facts showed the two payments that were made to Agrizzi's co-accused, former ANC MP Vincent Smith, came from Bosasa and not from Agrizzi.
He said with the untimely death of Gavin Watson, former CEO of Bosasa, the state could not charge the late Watson or Bosasa, which has since been liquidated.
Witz said the magistrate also erred in not taking into account that Agrizzi had no previous conviction.
The bail appeal continues before judge Ratha Mokgoatlheng.