This menu is added to the form when you set the FormBorderStyle to anything except 'None'. When the form border style is changed, a routine called AdjustSystemMenu is called. This routine uses a GetSystemMenu method to retrieve a SystemMenu? from somewhere. The 'somewhere' is the problem. There does not appear to be a SystemMenu object anywhere that can be accessed.
EDIT: Just found this link, it looks like it might do what you want.