Parliament will once again be the centre of attention on Tuesday as the portfolio committee on public enterprises begins its much-anticipated inquiry into the alleged capture of major state-owned companies, including Eskom‚ Transnet and Denel.
Up to 40 witnesses are expected to be called in to testify as MPs move to get to the bottom of the alleged corruption involving the Gupta family, parastatals, Cabinet ministers and President Jacob Zuma’s son, Duduzane Zuma, who has denied any wrongdoing.
For security reasons, the names of whistle-blowers called to give testimony will not be publicised before they appear. Should the names be made public before the whistle-blowers give their testimony, MPs say, they may be victimised and prevented from attending the inquiry.
Some witnesses will give evidence in camera and, in extreme cases, their identities will be disguised.
The inquiry is expected to boost a parallel wide-ranging investigation into state capture which was instituted by the National Prosecuting Authority and the Hawks.
The inquiry’s findings will also very likely set the tone and direction of a judicial commission of inquiry suggested by erstwhile public protector Thuli Madonsela in her swansong report, titled State of Capture. That report has been taken on review by the president, which has delayed the setting up of the judicial commission of inquiry.
Political analyst and constitutional law expert Shadrack Gutto said a lot of confusion had been created by the fact that there could be up to three processes looking into the state capture allegations at the same time.
Gutto said it would have been more sensible to allow Parliament to complete its inquiry and then the MPs should hand over the evidence gathered to law enforcement agencies to complete the process.
"I hope Parliament will do it [the inquiry] expeditiously … the justice cluster and law enforcement ought not to pre-empt what Parliament is doing … Parliament also has to be pushed to get to the bottom of the allegations as soon as possible," Gutto stated.
However, he was sceptical that the ANC MPs in the committee would be as independent minded as those who served on the successful ad hoc committee that looked into the mess at the SABC. That ad hoc committee brought to an end the destructive reign of politically connected Hlaudi Motsoeneng at the public broadcaster.
"The allegations implicate many senior members of the ANC … the ANC MPs in the public enterprises committee may be influenced a certain way."
Also of concern, said Gutto, was the narrow nature of the inquiry into state capture.
It cannot just be about the Guptas … we need to look at the entire relationship between the state and big business from the past decade or two.
— Shadrack Gutto
"It cannot just be about the Guptas … we need to look at the entire relationship between the state and big business from the past decade or two."
The inquiry will probe state capture and the abuse of public resources‚ particularly at Eskom, and will have an experienced legal practitioner as an evidence leader, as was the case with the SABC inquiry.
The inquiry’s scope includes the reappointment of Brian Molefe as group CEO of Eskom, the power utility’s role in the purchase of Optimum Coal by the then Gupta-owned Tegeta Exploration and Resources, the awarding of about R11.7bn worth of coal supply contracts — at inflated prices — to Tegeta, the R43m contract with the Guptas’ The New Age media firm, payments of more than R400m to Trillian Capital Partners for consulting and advisory services and allegations of impropriety against former acting CEO Matshela Koko, who is on suspension.
Witnesses initially identified include the three Gupta brothers, Molefe, Koko, Eskom chief financial officer Anoj Singh, and Duduzane Zuma. Some opposition MPs have said President Zuma should be called to testify.
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