The ANC has disclosed that the Zondo commission of inquiry into state capture has cost the country R1bn and resulted in 51 individuals and 27 entities facing criminal charges, with R11bn in “stolen assets” recovered.
The commission, formed in 2018 by former president Jacob Zuma, was established to investigate allegations of state capture, corruption and fraud in the public sector. It concluded its hearings in 2021 and the final report was submitted in 2022.
Concerns have been raised that the report has “gathered dust”, with no action taken against those implicated as there have not been any arrests.
Briefing the media on Tuesday, ANC secretary-general Fikile Mbalula said the commission yielded a substantial return despite its significant cost.
“More than R14bn in assets are frozen, R5.4bn has been recovered and more than 60 individuals and entities are facing criminal prosecution,” Mbalula said.
“The commissions have not only exposed wrongdoing but have informed meaningful legislative and structural reforms.”
President Cyril Ramaphosa has established a commission of inquiry to look into allegations made by KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi against senior law-enforcement officials including police minister Senzo Mchunu, over alleged political interference in criminal cases.
Mchunu and deputy national police commissioner Lt-Gen Shadrack Sibiya were placed on special leave pending the outcomes.
The move was criticised by the public and political parties, citing previous commissions that produced no arrests.
Mbalula said calls for immediate arrests or prosecutions “reflect disregard for constitutionalism and due process and would ironically mirror the very abuses of power we seek to correct”.
“It must be understood that in a constitutional democracy, justice is not a spectacle. The separation of powers doctrine limits the executive’s direct intervention in investigations or prosecutions.
“The demand for arrests, politically driven prosecutions or trial by media undermines the foundation of the rule of law. SA’s hard-won democracy does not permit leaders to act as judge, jury and executioner. Instead, the president has correctly entrusted independent institutions to do their work and has created an enabling environment for them to succeed.”
He called on the public and political parties to respect the process.
“The commission must be allowed to conduct its work thoroughly, independently and without fear or favour. The ANC views the settings up of commissions of inquiry, while not a substitute for law enforcement, as essential instruments in the pursuit of justice, truth and reform, especially where systemic failure, conflicts of interest or possible political interference have paralysed existing institutions.”
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