State Capture: Public Protector confirms investigation is “proceeding”

18 September 2016

On 29 August 2016, I wrote to Public Protector, Adv. Thuli Madonsela, requesting a progress report on her Office’s ongoing investigation into state capture in South Africa, and in particular that which pertains to the well-known Gupta family. On 14 September 2016, the Public Protector responded by stating that “I can confirm that the investigation is proceeding and that I am receiving full cooperation from most parties involved.”

This is an important announcement from the Public Protector, which is one of six Chapter 9 bodies whose role is to“strengthen constitutional democracy in the Republic”.

The Public Protector in her response to my letter also stated that she has “been provided with various voluminous information and documentation for review.” This speaks to how deep President Zuma’s programme of state capture goes and his role in undermining the country’s constitutional democracy. 

In light of this, as the Democratic Alliance, we welcome the public pronouncements by Adv. Madonsela that she has subpoenaed the Secretary of Cabinet, Dr Cassius Lubisi, and the subsequent announcement by Minister in the President Jeff Radebe that Cabinet will comply with her request for the declarations of Members of Cabinet and the minutes from Cabinet meetings that took place between November 2015 and April 2016. 

In our request for the Public Protector to investigate the Guptas undue influence on the State, its entities and President Jacob Zuma, we specifically asked the Public Protector to investigate whether President Zuma violated Paragraph 2(b) of the Executive Ethics Act by:

(iii) Exposing himself to any situation involving the risk of a conflict between his official responsibilities and his private interests; 

(iv) Using his position or any information entrusted to him, to enrich himself or improperly benefit any other person; and

(v) Acting in a way that may compromise the credibility or integrity of his office or of the government.

Earlier this month, the ANC in the National Assembly voted against a motion to establish an Ad Hoc Committee to investigate allegations of state capture in government by Parliament. This is another case of the ANC putting Jacob Zuma and its own interests ahead of South Africa and its people.

The Democratic Alliance remains committed to ensuring that corruption in all its manifestations is investigated and that those found to be robbing the people of opportunities are held accountable.

Statement issued by DA leader, Mmusi Maimane, 18 September 2016