The jury may still be out in relation to responsibility for the riots, looting, protests and pillage that marred the run up to Nelson Mandela’s 103rd birthday. However, there can be little doubt that fear of an end to the corruption with impunity, which kleptocrats enjoy in SA, was a key motivating factor in the minds of the organisers who fomented the nefarious activities at malls and elsewhere in KZN and Gauteng.
The trail of state capture is long and twisted with the majority of the corrupt still wandering free from prosecution. What will ultimately counter corruption and bring the criminals to book? Is the establishment of a dedicated Chapter Nine Integrity Commission, to investigate and prosecute the rampant corruption in South Africa, the solution?
Since 2013, charges against ex-President Jacob Zuma, of theft and fraud in relation to the upgrade of Nkandla have been under investigation; since 2015 Zuma has faced a complaint that his decapitation of the NPA via the side-lining of then National Director of Public Prosecutions, Mxolisi Nxasana, amounts to a corrupt activity and an attempt to defeat the ends of justice; since 2017 the longstanding charges of corruption, fraud, money laundering and racketeering against him have been revived despite his long drawn out Stalingrad strategy in that matter. The matter of Zuma’s involvement in state capture was under investigation by the Office of the Public Protector until 2016 and has been ever since by the State Capture Commission.
The current incarceration of Zuma is entirely the work of the SCC and the Constitutional Court in civil proceedings. Apart from effecting the arrest and imprisonment at the last possible moment, the criminal justice administration has played no part in the dramatic events leading up to the imposition of the sentence of 15 months incarceration. Herein lies the rub.
At its 2017 conference at Nasrec, the ANC officially turned itself against the widespread corruption in its own ranks. In August 2020, its National Executive Committee passed a resolution calling for the establishment of a new corruption busting body of the kind envisaged by the Constitutional Court in the Glenister trilogy of cases. Nothing effective has been done to comply with the resolutions of the conference in 2017 and the NEC in 2020.
Instead, President Cyril Ramaphosa announced in the course of his February 2021 state of the nation address that: