Tony Yengeni, an ANC NEC member since 1992 who was previously convicted of fraud and sentenced to four years in jail, has lodged a complaint against chief justice Raymond Zondo with the Judicial Service Commission (JSC).
Yengeni has been associated with the so-called RET (radical economic transformation) faction of the ANC and has appeared as a supporter at former president Jacob Zuma’s court appearances with others in the faction seen as adversaries of President Cyril Ramaphosa.
In a sworn statement Yengeni took issue with Zondo’s references to Ramaphosa in volumes of the state capture inquiry report, claiming he was stepping out of line.
He has accused Zondo of making a “foray into intraparty politics” which he believes to be “a gross violation of the code of judicial conduct and, quite dangerously, may have the effect of fanning factional fires within the ruling party, the ANC, and influence delegates’ political voting patterns at the ruling party’s elective conference in December 2022.”
Yengeni cited a portion of Zondo’s state capture inquiry report, which the now chief justice has been handing over to Ramaphosa in segments since January 2022. The final instalment of the report — the culmination of a four-year-long inquiry into allegations of state capture, corruption and fraud — is due at the end of June.
Zondo wrote: “Had it not been for the fact that at the end of 2017 the ANC would have an elective conference where Mr Ramaphosa — who was already deputy president of the ANC and the country — would stand as a candidate to take over from Mr Zuma, more damage could have been done to the National Treasury under Mr [Malusi] Gigaba than may have been done.
“In December 2017 Mr Ramaphosa was elected as the president of the ANC and in February 2018 president Zuma reluctantly resigned as president of the country and Mr Ramaphosa was elected as the president of the country. Mr Gigaba was dropped from cabinet and president Ramaphosa returned Mr Nhlanhla Nene to the position of minister of finance.”
Yengeni, in his JSC complaint, raised the above segment of the state capture inquiry report and pointed to news reports based on the submissions to underpin his allegation that Zondo acted in the interests of Ramaphosa, public enterprises minister Pravin Gordhan and former finance minister Nene.
“This conduct by the chief justice further renders the judiciary vulnerable to attacks that it is an appendage to political interests of the president,” he claimed.
The politician, who asserted he acted as a concerned ANC NEC member and concerned citizen, wants the JSC to investigate. As the chief justice is the head of the JSC, Zondo would have to recuse himself from any probe into his conduct.
Last week, justice minister Ronald Lamola insisted the implementation of recommendations in the state capture inquiry report must be beyond reproach and able to withstand scrutiny in a court of law.
He told parliament’s portfolio committee on justice & correctional services “it may not be an overnight thing” for law enforcement agencies to act.
There was backlash during that portfolio committee meeting after EFF MP Yoliswa Yako accused Zondo of “mingling with politicians” and criticised him for “making political commentary” on matters over which he was likely to preside.
Deputy minister of justice John Jeffery urged MPs against attacking judges “without a basis, without substance, without facts.” Lamola asserted there was no basis for anyone “and the EFF for that matter” to claim judicial capture.
“Just raising rumours doesn’t help,” said Jeffery.
Later, DA MP Werner Horn raised concerns about the JSC’s reputation. “There is a growing perception that the JSC is becoming merely a stage for political deals, manipulation and score-setting,” Horn said.
On Sunday, JSC spokesperson Doris Tshepe confirmed receipt of a signed copy of Yengeni’s complaint running to twelve pages. “The complaint will be processed in accordance with the JSC Act,” said Tshepe.
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