OPINION

Will the Zondo report go anywhere?

Shadrack Nkutha explains his doubts on the matter

It is easy to destroy but never easy to build and reconstruct what has been ill-advisedly dismantled and/or systematically destroyed. Shame on this urchin for not sharing the general excitement about the release of Part 2 of the Zondo Report flowing from the costly Zondo Commission of Inquiry into State Capture.

The Zondo Reports are not findings by a court of law nor court orders. They are the products of the Investigative work of the Commission of Inquiry at the behest of the President and the implementation of Zondo's recommendations remain the discretion of the President. The three-parts Zondo Report is not a court judgment.

The Scorpions were dismantled for being too efficient and effective under the flimsy excuse that they were too flamboyant with their Hollywood-like-publicity antics of television and flashing police lights when effecting arrests in these high profile cases that invariably related to the politically connected and affluent. Was that 'Scorpions' publicity sin' a good enough reason to do away with Scorpions as a law enforcement agency on white-collar criminality and serious commercial offences?

The Hawks have their own distinctly insignia marked cars and vests, with their Hawks spokespersons with high-sounding ranks in tow to sing the Unit's praises, albeit non-existent, when they effect arrests with television crews showing handcuffed suspects. So then how then are the Hawks different from the defunct Scorpions in publicity stunts, and why is the behaviour of the Hawks in this regard tolerable whilst the erstwhile Scorpions were found to be insufferably intolerable in that regard as to be one of the Ruling Party's 2007 Conference Resolutions implemented with unusual haste?

Will those who, wittingly and unwittingly, out of pure political expediency contributed to the demise of the Scorpions admit that this was a monumental irreversible and costly mistake? The mere fact there are spokespersons for SAPS, Hawks, SIU, ID and NPA tells you how much these entities put store on getting public credit and institutional publicity for the work that they do; so why did this become a death knell for the Scorpions remains unanswered in hindsight.

The Hawks last year publicized their arrest of Mogalakwena Municipality workers for corruption in Mokopane, Limpopo Province, and the Hawks Head praised his subordinates for a job well-done. Alas, within a week the case was thrown out of court and all the Mogalakwena suspects walked scot-free up to this day. The capacity of the Hawks to meticulously investigate these complex crimes that involve a paper and money trail has been brought into question and sharp focus since they were touted as the replacement of the highly-efficient prosecution-driven investigations of the defunct Scorpions.

Where is this urchin going with this lunatic-like ranting and raving? If the Zondo Report is recommending that the likes of Brian Molefe, Malusi Gigaba and Anonj Singh must be investigated with the view to prosecute them; the salient question is can the Hawks incisively put up well-investigated cases against these characters that pass the judicial test and scrutiny of proof beyond reasonable doubt? 

Admissible evidence is nuanced and it is naive to think that those implicated in Zondo's reports are going to fold their arms and leave traces of incriminating evidence for the Hawks to find and present to the NPA?

In today's morning news at this late hour of State Capture some were still talking about 'the NPA must build capacity to prosecute State Capture cases'. Really? This is to put the cart before the horse metaphorically speaking; to have prosecutorial capacity presupposes that you have institutional capacity and depth for clinical and incisive forensic investigation from your current law enforcement agencies. Is that the case though?

These calls are made in the back-drop of a country notorious for eliminating whistle-blowers, ruining their security of tenure and failing to protect the brave surviving ones. Yes, the Zondo reports will make sensational headlines for the time being, but will those involved in State Capture get their comeuppance in the criminal courts?

It is naive and delusional to think that the Zondo Commission has unearthed all pockets, forms, shapes and sizes of State Capture. Chances are the Commission might have just touched the tip of the iceberg. The fact that the whistle-blowers continue to live in fear, with their family lives, careers and prospects of employability ruined while those fingered in State Capture continue with their lives unhindered and free speaks volumes in itself.

Sadly the plight of the ruination and continuing intimidation of some of these whistle-blowers are not covered in the mainstream media. Some of them are trying to pick up the pieces in their awkward forgotten corners, and remain unemployed to this day.

Can it be said, without fear of contradiction, that the Zondo Commission is the panacea that will ensure that no longer will our institutions rot from the head down? Doubtful. The brazen wide-scale looting of State coffers that occurred even during a deadly Covid-19 pandemic is an unequivocal indication that the future does not bode well for this country in dealing with the scourge of corruption, be it collusion or otherwise, from the public and private sectors.

Those who have an insatiable appetite to dig their hands in the public purse are resourceful and will always find the proverbial Trojan horses to obfuscate their thieving ways. The looters and pillagers of State coffers are confident and daring while the law enforcement agencies come across as fearful, hesitant and inept. Crude and subtle forms of intimidation and threats to would-be whistle-blowers continue one way or the other in these State owned entities.

This is further compounded by the bitter fact that collusive corruption cannot be ruled out from the law enforcement agencies and the National Prosecuting Authority. Some of these institutions have been hollowed out of expertise and requisite skills for qualitative output. Like in all occupations, no two police officers or prosecutors or judges have the same matching skills, experience, temperament, foresight, discernment, commitment, competence, diligence and wisdom. Sorry for not sharing your optimistic enthusiasm and raining on your parade as you feast on the released parts of the Zondo Report. Some of us are either born pessimists or sober-minded realists.

It remains to be seen whether the head of this current administration has the stomach to implement the recommendations from the Zondo Report; more importantly whether years after the events covered by the Zondo Commission during its hearings whether it is practically feasible to prosecute those fingered and to recover what remains of the ill-gotten loot from State coffers.

How long is it going to take the President to implement the Recommendations contained in the Zondo Report, and what monitoring safeguards are in place? Have our successive Cabinets covered themselves in glory insofar as accountability to scrutiny is concerned? Politics will be used to mar and muddy the waters; and to frustrate salient issues arising from the Zondo Report. Apart from being factional, South African politics are toxic even in clue issues of criminality like corruption.

Procrastination, hesitancy and dereliction of duty from law enforcement agencies from the word go, might prove to be the biggest stumbling blocks for the work done by Zondo Commission over the period of its existence. Have you ever heard of the phrase "closing the stable gate after the horse has bolted"?

Do we have the institutional capacity and will-power to honestly implement the recommendations of the Zondo Report without fear and favour? Will the President grab the Zondo Report bull by its horns, that invariably have as its recurring theme corruption and abuse of office by those entrusted with public power; or will it be another meaningless delegation and task team of no consequence that bids for time but goes nowhere in substantial implementation?