Zondo wants time to analyse evidence before submitting final state capture report

Deputy chief justice Raymond Zondo, who heads the Commission of Inquiry into State Capture. PHOTO: Karen Sandison/African News Agency (ANA).

Deputy chief justice Raymond Zondo, who heads the Commission of Inquiry into State Capture. PHOTO: Karen Sandison/African News Agency (ANA).

Published Apr 25, 2022

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DURBAN - CHIEF Justice Raymond Zondo is hoping that the Pretoria High Court grants him an extension so he can submit the final part of the state capture report by June 15.

On Friday, Justice Zondo went to the Pretoria High Court on an urgent basis, with the end of April deadline looming, and asked for the commission to be given more time.

According to reports, Justice Zondo asked the court for an extension as important evidence, gathered over the past three years, needed to be analysed.

The commission’s report is expected to provide feedback on Eskom, the National Treasury, the SABC and the Passenger Rail Agency of SA.

The commission’s inquiry commenced in August 2018.

An official proclamation of the commission in the Government

Gazette instructs the commission to inquire, investigate and make recommendations into any and all allegations of state capture, corruption and fraud in the public sector.

Justice Zondo has so far delivered three parts of the report.

Part one dealt with SAA and its associated companies; The New Age and its dealings with government departments and state-owned entities; SA Revenue Service (Sars) and public procurement in South Africa.

The initial report details evidence gathered and captured in each of the three volumes and four chapters.

These recommendations include that the government in consultation with the business sector must prepare and publish a national charter against corruption in public procurement, which must have a code of conduct which sets out ethical standards which apply to the procurement of goods and services for the public.

It also recommends that an independent agency against corruption in public procurement be established, and crucially, that the government must introduce or amend legislation to protect whistle-blowers.

The second report looked at corruption in state-owned entities Transnet, Eskom and Denel specifically when it came to procurement processes.

While the first report had recommendations, in the second there were no overarching suggestions. Instead, the report focused on the evidence presented at the commission and recommendations for investigations or immediate prosecution by the National Prosecuting Authority.

The commission heard testimony regarding Transnet and Eskom that implicated Brian Molefe, Anoj Singh, Siyabonga Gama, Iqbal Sharma and Salim Essa and former minister of the department of public enterprises Malusi Gigaba. Justice Zondo recommended that law-enforcement agencies both locally and internationally launch investigations against them and the companies they represent.

Regarding Denel, Dr Ben Ngubane, Tony Gupta, Daniel Mantsha, Zwelakhe Ntshepe, former minister Lynne Brown and former president Jacob Zuma were implicated. Again Justice Zondo recommended that law-enforcement agencies both locally and internationally launch investigations against them and the companies they represent.

Those implicated have all denied wrongdoing.

The third part of the report was made up of four parts with the entire focus on Bosasa, which is also known as African Global Operations. The commission said that Bosasa used fronts and influence in exchange for lucrative government contracts.

The commission’s report said corruption was how Bosasa did business. The allegations in the report include that Bosasa bribed Zuma, government officials and politicians.

President Cyril Ramaphosa was also named in the report over donations made to his CR17 campaign to become ANC president at the party’s elective conference at Nasrec in 2017.

Evidence was also analysed regarding former minister Nomvula Mokonyane and former MP Vincent Smith.

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