DA formally approaches NDPP Batohi to criminally charge the ANC as a racketeering enterprise

13 March 2019

Since the earliest stages of our young democracy, South Africans have suffered under the scourge of systematic and orchestrated corruption. This corruption has halted our progress as a nation, hindered our ability to heal the scars of our past, and stolen opportunity from millions of South Africans.

Since the first revelations of mass-scale ANC corruption as far back as January 2001 when we learnt about the now infamous “Arms Deal”, the ANC as an organisation has for almost 20 years acted as a collective criminal syndicate – operating to enrich itself, its members, and its dirty business connections.

With each passing year in political office, the ANC has become more and more brazen in its efforts to perpetuate its system of corruption and patronage that involves and implicates every lever of the state. The organisation has all but perfected the art of racketeering.

Today, in 2019, we are witness to the Zondo Commission of Inquiry into State Capture, the Nugent Commission into the South African Revenue Service (SARS), the Mpati Commission into the Public Investment Corporation (PIC), and the Mokgoro Commission into the National Prosecuting Authority (NPA). The taxpayer is spending millions of rands to uncover what we already know: the ANC has captured the state and has created a racketeering syndicate for its own benefit.

This is not by chance, but by design. It is intentional. The express aim of the ANC’s National Democratic Revolution (NDR) – its governance blueprint - is to capture the state. The ANC is a racketeering syndicate that’s primary reason for existence is to siphon off public funds to themselves and their connected cadres.

This objective is seen at key institutions of state: the Office of the Public Protector, the Hawks, SARS, the NPA and the criminal justice system, the State Security Agency (SSA), and hundreds of governance structures across all levels of government. And it is seen in its crudest form as it relates to the President himself, Cyril Ramaphosa, who received a R500 000 “donation” from Bosasa – a corrupt company that has been receiving billions of rands of government tenders for the past 20 years.

The inconvenient truth is this: corruption is in the very DNA of the ANC. It was not simply a feature of Jacob Zuma and the Gupta family. It existed long before his presidency and has outlived his presidency.

A criminal syndicate is being conducted with the resources of the state and the overlapping of these issues cannot be mere coincidence. Indeed, none of this large-scale corruption on a national scale could have been contemplated and executed in isolation. It can only be the result of coordinated efforts on the part of the governing party to facilitate the corruption now being testified to in an array of fora.

The DA has laid criminal charges, complete with supporting affidavits and documentary evidence against:

Former Eskom CEO, Brian Molefe for abusing his powers in dealings with Gupta companies;

Companies Eskom and Trillian Capital for both criminal and statutory offences committed in relation to consultancy agreements;

Former Eskom CEO, Matshela Koko, for alleged criminality;

Former Eskom CFO, Anoj Singh for alleged criminality;

Companies McKinsey and Trillian, for their alleged role in State Capture;

Company SAP for implications of corruption;

Company Just Coal for alleged corruption involvement;

The Bank of Baroda for alleged role in Gupta-linked illicit funds;

State Owned Entity, Denel, for a R1 million bursary to North West Premier, Supra Mahumapelo’s, son; and

Transnet and former Transnet CEO, Siyabonga Gama for corrupt activities.

This list is not exhaustive. From the Arms Deal to power stations; from VBS and Bosasa; from Chancellor House to the SSA and to every ANC-run municipality in the country – the pattern is the same.

Despite the overwhelming evidence of corruption at hand, including the litany of criminal cases being opened by the DA – not one implicated person, official, or organisation has been held accountable for the theft of public money.  This can only be due to the fact that until now, the criminal justice system itself had been captured.

However, the appointment of the new National Director of Public Prosecutions, Adv. Shamila Bahoti, brings new hope to the NPA. By all accounts, Adv. Bahoti is independent and uncompromised – with a wealth of experience - and has the ability to turn around the fortunes of the criminal justice system. Her first port of call should be prosecuting those who have looted billions of rands of the people’s money.

I have therefore today approached Adv. Batohi, in writing, requesting the she proceeds with haste in charging the ANC – as a collective organisation - with the crimes of fraud, corruption, money laundering and racketeering as per the Prevention of Organised Crime Act 121 of 1998 (“POCA” act). I have provided her with supporting documentationoutlining the request.

The provisions of POCA are clear: the ANC qualifies as an “enterprise” as per the act’s definition, and the evidence at hand and actions taken by the ANC, in our view, satisfies the requirements of “racketeering” and “unlawful activity” as defined in POCA. There exists a clear-cut criminal case for the ANC to answer to. The organisation must be fined heavily and individual members found guilty must be locked away behind bars.

The legal provisions exist, the evidence is at hand, the charges have been laid. There now remains nothing in the NDPPs way to proceed with charging the ANC as an organisation - and individuals concerned - with fraud, corruption, money laundering and racketeering.

We therefore implore Adv. Batohi to make a decisive break from the modus operandi of her predecessors and move to charge the ANC – and all implicated wrongdoers – under the POCA Act.

We must ensure those in office are held to the highest account. And this ANC criminal enterprise can only be defeated if there are consequences for the illegal actions.

We trust Adv Batohi will do what is right, follow the prescripts of the law, and criminally charge the ANC and all those involved in this racketeering enterprise that has halted our progress as a nation, hindered our ability to heal the scars of our past, and stolen opportunity from millions of South Africans.

Issued by Mmusi Maimane, Leader of the Democratic Alliance, 13 March 2019