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.