State Capture charges: The law must now take its course

30 May 2017

Today the Democratic Alliance (DA) laid an array of criminal charges against President Jacob Zuma, members of the Gupta family, several cabinet ministers and senior executives of State Owned Entities, and other individuals alleged to be key players in the criminal syndicate that has captured large elements of the South African state. These charges are based on new evidence that emerged last weekend, in the form of documentation and emails, forming a paper trail which implicate these individuals in serious criminal offences. This acts as a preliminary indictment, and as more information emerges, we reserve the right to supplement these charges.

It is clear from the evidence that, acting in concert with each other, President Jacob Zuma, Atul Gupta, Ajay Gupta, Rajesh Gupta, Ashu Chawla (Chief Executive of Gupta-owned Sahara Computers), Nazeem Howa (Director of various Gupta-linked companies and former CEO of Oakbay Investments), Mosebenzi Zwane (alleged Gupta-appointed Minister of Mineral Resources), Malusi Gigaba (alleged Gupta-appointed Minister of Finance), Faith Muthambi (alleged Gupta-appointed Minister of Communications), Desmond van Rooyen (alleged Gupta-appointed former Minister of Finance and current Minister of COGTA), Duduzane Zuma (director of Gupta-linked companies and oldest son of President Zuma) and Matshela Koko (suspended Senior executive of Eskom) have committed the following offences:

- Corruption – through unlawful conduct which contravenes the Prevention of Combatting of Corrupt Activities Act – 12 of 2004 (POCA), specifically offences in respect of corrupt activities relating to public officers, public officials, foreign public officials, agents, legislative authorities, contracts, procuring and withdrawal of tenders, inducing another person to commit offences, and relating to the duty to report corrupt transactions.

- This specifically includes the specific corrupt offense of the “misuse or selling of information or material acquired in the course of the, exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation” that amounts to “the abuse of a position of authority, breach of trust; or the violation of a legal duty or a set of rules” in section 3 of the POCA act.

- Racketeering – through unlawful conduct which contravenes the Prevention of Organised Crime Act of 1998.

- Treason - through unlawful conduct which violates, threatens or endangers the existence, independence and security of the Republic of South Africa or which has the effect of changing the constitutional structure of the Republic of South Africa.

The law must now take its course. Each of these individuals must be held accountable for their actions and must face the full force of the law. Nothing less will be acceptable to the Democratic Alliance, and nothing less will be fair to the people of South Africa, who are united in their condemnation of these heinous crimes.

The DA also welcomes the growing consensus regarding the desperate need to investigate the corrupt State Capture project headed by Zuma and the ANC. We maintain that the situation requires a truly broad-based investigation that includes all the departments and individuals named in the leaked emails and the State of Capture report. That process must start with a parliamentary Ad Hoc committee, and then through a Judicial Commission of Enquiry we will be able to uncover the truth as to how captured ministers and government officials have allowed the Guptas to control entire chunks of government.

Notwithstanding, criminal investigations and prosecution must follow where crimes have been committed.

The DA will pursue every available avenue until the corrupt State Capture project that has undermined and crippled key institutions of the state is stopped and the ANC is removed from power.

We will not allow Zuma Inc. to continue to steal from our people. We must earnestly focus South Africa towards building a prosperous nation, where jobs can be created for all.

Issued by Mmusi Maimane, Leader of the Democratic Alliance, 30 May 2017