ActionSA welcomes part 6 of the State Capture Commission Report

13 October 2022

ActionSA welcomes last night’s release of Part 6 of the State Capture Commission Report from the Office of the Presidency. The report comprehensively highlights the levels of corruption by public officials entrusted with running state affairs.

Following our request to the National Prosecuting Authority (NPA) to discharge its mandate and prosecute those fingered in the initial report on 4 August 2022, we are confident this report will offer more opportunities for prosecution.

The NPA must diligently apply its mind to this latest report with a view to prosecuting the former head of Free State Department of Human Settlements, Mr Nthimotse Mokhesi, as well as tenderpreneur, Edwin Sodi, of Blackhead Consulting, who are the chief architects behind the plundering of Free State’s provincial coffers through the infamous Asbestos Tender.

We note the recommendation that Dudu Myeni’s prosecution for disclosing the identity of a confidential informant must be finalised as soon as possible. The report also recommends an investigation into her conduct for fraud, and directly states that both Ms Myeni and the Jacob Zuma Foundation were unduly enriched which may lead to charges of corruption.

Tony Gupta is to be investigated for corruption and Brian Molefe for fraud and violating the Public Finance Management Act (PFMA).  Tom Moyane is to be charged with perjury.

The number of ANC cadres that are implicated in the report are many, including the likes of Cedric Frolick, Mosebenzi Zwane, Ace Magashule, Malusi Gigaba and Nomvula Mokonyane. Most notable perhaps are the extensive recommendations against former President, Jacob Zuma and his son, Duduzane Zuma.

Former President Zuma is found to have accepted gratification from Bosasa in a manner that was unlawful and violated his constitutional duties. The report recommends an investigation against him be pursued for corrupt activities. The fact that Jacob Zuma is able to make himself available for election into the ANC’s top six tells you everything that you need to know about the ANC

Former President Zuma is also found to have acted in breach of the Executive Ethics Code in relation to the TNA and ANN7 TV station.  He is found to have abused his office for the benefit of himself, his son and the Guptas, and that Mr Zuma and Duduzane entered into contracts with state organs in an irregular manner. 

The report does not only implicate Duduzane Zuma in the ANN7 and TNA debacle, but also recommends that he be investigated for corruption regarding the acquisition of Optimum Coal Mine, his facilitation of government contracts and his alleged presence at the Guptas’ Saxonwold residence when bribes were offered to former Deputy Finance Minister, Mcebesi Jonas, Mr Mxolisi Dukwana and Mr Vusi Kona.

While we appreciate and respect the need for the NPA to discharge its mandate without prejudice, we will, however, monitor the progress of these prosecutions, including seeking a progress report in due course if necessary. Failing which, we will lay criminal charges ourselves against those we think have a case to answer for.

South Africans have had to endure endless corruption and a complete breakdown in the moral fibre of our government, which has been ventilated and exposed by the Judicial Commission of Inquiry into State Capture. Nearly 4 years, with over 5000 pages and more than R1 billion disbursed by taxpayers into this painful but necessary exercise, we are yet to see concrete outcomes.

The report paints a picture of a criminal syndicate that has stolen the country from the people of South Africa.

This is a unique opportunity to demonstrate that no one is above the law- even the politically connected. As such we implore the National Director of Public Prosecutions (NDPP), Adv Shamila Batohi, to begin the restoration of South Africa’s confidence in our criminal justice system and pursue prosecutions without fear or favour.

There are recommendations in the report that we fully support, such as that the appointment of individuals to SOEs must be justifiable based on their skills, expertise, knowledge and experience, as well as the establishment of an independent agency against corruption in public procurement.  The report further recommends that the Political Party Funding Act be amended to criminalise the making of donations to political parties in the expectation of or with a view to the granting of procurement tenders or contracts as a reward.

We must ensure that this report does not merely pay lip service to what South Africans want to hear, that the recommendations of the report are implemented and that those implicated in these heinous crimes be brought to justice as soon as possible.

Issued by Herman Mashaba, President, ActionSA, 12 October 2022