President Cyril Ramaphosa says he will in four months present to parliament an implementation plan on how the government intends to deal with various cabinet members who have been implicated in the state capture commission of inquiry’s report.
Given the inquiry’s damning findings made against the ANC and its former and current officials, any action taken by Ramaphosa’s administration against those implicated will be closely watched.
The findings come as the president seeks a second term as ANC leader when the party heads to its national elective conference in December.
Ramaphosa, who has staked his presidency on an anticorruption ticket, is faced with the unenviable task of ensuring those implicated in state capture, regardless of their allegiance to him or the ANC, are brought to book.
In the final report, released on Wednesday, the commission says that it is yet to be decided whether the party’s internal rule, which requires members charged with serious offences step aside from their party and government positions, will be effective in preventing the ANC from deploying questionable individuals into government positions to prevent a recurrence of state capture.
Business Day looks at some of the ANC members who may be in the firing line:
Jacob Zuma
As the former head of state and leader of the ANC for nearly a decade, Jacob Zuma is heavily implicated in the Zondo commission report in facilitating state capture. The report found that the billionaire Gupta brothers, Ajay, Atul and Rajesh, who arrived in SA from India in the early ‘90s, were able to irregularly amass large amounts of wealth through their political connections, and in particular to Zuma.
The Guptas, two of whom were recently arrested in the United Arab Emirates on charges of money laundering, were able to secure lucrative government tenders through their proximity to the former president, who Zondo found in part four of the report, “would do anything that [the Guptas] wanted” regardless of the consequences for SA.
The report recommends that Zuma be criminally investigated, with the Gupta brothers for their role in the capture of ports and rail operator Transnet where more than a R1bn was allegedly siphoned to Gupta associates and Regiments Capital.
It says law enforcement authorities should also investigate Zuma for corruption and/or racketeering for his insistence that Transnet Freight Rail (TFR) CEO Siyabonga Gama be reinstated.
Zuma and the Guptas have denied all allegations of state capture.
Gwede Mantashe
Bosasa was found to have bribed several high-powered politicians and government officials including ANC chair and minister of minerals & energy Gwede Mantashe. Mantashe is described by the report as being a brilliant connection between the ANC and Bosasa during his time as the party’s secretary-general.
The commission found that there was reasonable prospect that further investigation by law enforcement authorities
would uncover prima facie evidence of corruption between Mantashe and Bosasa, which he has denied.
Mantashe has threatened to take the report on review. He has previously stated that he will step aside from his roles in the ANC and government in line with the constitution if instructed by the ANC and only if he is charged. He added that he will only step aside when “there has been an investigation and a case to answer”.
Nomvula Mokonyane
The Zondo commission has recommended that former water & sanitation minister and ANC head of organising Nomvula Mokonyane be criminally charged for corruption for her alleged role in enabling Bosasa to irregularly receive government tenders. Zondo says there is a prima facie corruption case against Mokonyane, Mantashe and Zuma, all of whom allegedly received various benefits including money and gifts from Bosasa. The company is estimated to have received government contracts worth R2.37bn between 2000 and 2016.
Zizi Kodwa
Like Mantashe, the deputy minister of state security is regarded as key to Ramaphosa’s bid for a second term as ANC president. Kodwa, however, has been heavily implicated in state capture for allegedly receiving benefits worth R1.68m from former EOH entities. These benefits were facilitated by a former executive at the tech giant, John Mackay. Mackay has been accused of bribing politicians and paying donations to the ANC to win lucrative government contracts.
Zondo has recommended that Ramaphosa “consider” the role of Kodwa as part of the executive for the questionable transactions between him and Mackay. Kodwa has previously told the commission that the payments were part of a loan that came with no strings attached.
David Mahlobo
The report has found that ANC national executive committee member and deputy minister of water & sanitation, David Mahlobo played a central role in the dysfunction of the state security agency (SSA).
Zondo found that during Mahlobo’s time as minister of state security, there was political overreach in that he became directly involved in the SSA.
Under Mahlobo, the SSA was directly involved in ANC factional fights, and intelligence services reported directly to
the minister instead of the president, which is required
by law.
The report recommends that Mahlobo, with former director-general of the SSA Arthur Fraser and former SSA official Thulani Dlomo be further criminally investigated by law enforcement for their irregular handling of SSA finances and operations.
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