In a defining moment for SA’s constitutional democracy, President Cyril Ramaphosa will testify at the state capture inquiry on Wednesday, where he will be expected to account for governance failures during a period he himself described as “wasted years” under the ANC.
In contrast to the defiance shown by his immediate predecessor, Ramaphosa will appear first on behalf of the ANC and will return in May in his capacity as head of state.
It is a critical moment for executive oversight and the president’s accountability. The testimony will also be an opportunity to restore the ANC’s corruption-scarred image, which has harmed SA’s prospects as an investment destination.
Former president Jacob Zuma is facing a ruling from the Constitutional Court on whether he is in contempt for his refusal to appear before the inquiry.
Ramaphosa’s appearance, coming a day after the country celebrated the 27th anniversary of its first all-race election, is symbolically relevant and more in keeping with former president Nelson Mandela’s example of being accountable.
Ramaphosa, who left party politics after losing out in a battle with Thabo Mbeki to replace Mandela in 1999, returned to the political stage in 2012 when he was elected ANC deputy president at the Mangaung conference, which returned Zuma as head of the party. Two years later, the ANC won national elections, marking an acceleration in corruption and looting.
Ramaphosa is expected to answer questions about when the ANC knew of state capture and about his work as the head of its deployment committee.
A source familiar with Ramaphosa’s preparations said the president is aware he will have to walk a tightrope on accountability. “This is a matter of ANC and cabinet’s accountability but also personal accountability. What the president says could have massive implications.”
Business Day understands that Ramaphosa has sought the advice of some ANC national executive committee members, including justice minister Ronald Lamola; human settlements, water & sanitation minister Lindiwe Sisulu, who is said to be a Ramaphosa rival and has questioned the usefulness of the commission; and veteran party strategist Joel Netshitenzhe.
While Ramaphosa is on record as having acknowledged the “ANC was captured before the state”, what he says under oath will still be critical, said Lawson Naidoo, the executive secretary of the Council for the Advancement of the SA Constitution.
“The tentacles of state capture reached the highest echelons; it has been difficult to separate the party and state. What Ramaphosa puts on record is important, given that Mandela set a high precedent in terms of being accountable to the judiciary,” Naidoo said.
Ultimately, what will matter more than Ramaphosa’s testimony is the implementation of the commission’s findings and recommendations, Naidoo said, noting how previous inquiries played out, such as the Truth and Reconciliation Commission (TRC) and the Farlam inquiry into the killing of striking miners at the Marikana mine.
“It is not unique to SA that commissions are used to quell public outrage but to date the government has been slow to implement even that which came out of the TRC and Marikana,” Naidoo said.
Ramaphosa’s tone and how much he is willing to disclose will also have an effect on deputy justice Raymond Zondo’s ultimate conclusions about Zuma. Zondo, the chair of the state capture commission, has been subject to political attack by those aligned to Zuma.
Zondo must in his final report draw conclusions on the architect and architecture of the state’s capture and has the power to recommend criminal prosecution.
State capture — which allegedly involved Zuma ceding many of his powers to the Gupta brothers, who were this week sanctioned by the UK government — is estimated to have cost the country R1.5-trillion, subjecting it to “nine wasted years” in which the economy barely grew and unemployment rose.
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