Here is what’s next for those implicated in state capture report

Former public protector Thuli Madonsela’s long-awaited state capture report implicates a number of high ranking officials in South Africa deemed ‘a criminal syndicate’ by leader of the Democratic Alliance, Mmusi Maimane.

According to the report, Madonsela uncovered corrupt activities involved in the Gupta state capture saga, and recommended that a judicial inquisition of enquiry be set up to investigate the matter.

Along with Zuma, van Rooyen and Zwane, other implicated persons include:

  • Dr Ben Ngubane and the board of Eskom;
  • Duduzane Zuma;
  • Ajay Gupta;
  • Tegeta Exploration; and
  • Public Enterprises Minister Lynne Brown.

Maimane said on Thursday that the report confirms what so many South Africans already know: “our country is governed by a mafia – a criminal syndicate so deeply interlinked with private crony interests that it is no longer possible to distinguish between the two”.

Maimane called for consequences for this conduct. “There should have been only one official statement from the Presidency yesterday evening: a full and unconditional apology and an announcement of his resignation effective immediately,” he said.

The DA said it has tabled a motion of no confidence in Jacob Zuma and has received provisional confirmation that this motion will be debated in the National Assembly on 10 November 2016.

The political party said that the State Capture Report also contains damning evidence against members of cabinet and state entities. It intends to take action against those individuals:

President Jacob Zuma

The DA said it will lay criminal charges against president Zuma in terms of the Prevention and Combatting of Corrupt Activities Act of 2004.

In terms of this Act, there is a duty on persons in position of authority who know, or ought reasonably to have known or suspected that any other person has committed an offence under the Act, to report such knowledge or suspicion to the police.

The act also requires only evidence of suspicion for charges to be laid. It is the police’s responsibility to investigate these allegations.

“President Jacob Zuma’s failure to call for a police investigation following the public revelation that the Gupta family had offered deputy minister Mcebesi Jonas a position in his government so that he could extend favours to them – constituting corruption – is a violation of this provision of the Act,” Maimane said.

The DA said that the charges will also include evidence from the report that president Zuma improperly influenced the appointment and awarding of contracts to family members, friends and associates.

This includes evidence that:

  • The president improperly allowed members of the Gupta family and his son to be involved in the process of appointing members of Board of Directors of SOE’s;
  • The president turned a blind eye to alleged corrupt practises by the Gupta family and his son in relation to allegedly linking appointments to quid pro quo conditions, as was the case with Mcebesi Jonas;
  • Zuma may have exposed himself to a situation involving the risk of conflict between his official duties and his private interest of use his position or information entrusted to him to enrich himself and business owned by the Gupta family and his son to be given preferential treatment in the awarding of contracts.

Read: Eskom CEO Brian Molefe implicated in state capture report
Minister of Public Enterprises and Eskom

The DA noted that minister Browne is alleged to have appointed the Eskom board consisting predominantly of individuals with direct and indirect business or personal relationships with Duduzane Zuma, the Gupta family, and their relates associated.

“She appointed a new Denel Board, save for one board member, who had links to a Gupta company. Following the removal of the board, momentum gathered for the dubious joint venture between Denel and VR Laser, forming Denel Asia. This is the joint venture which the National Treasury sought to have revoked,” Maimane said.

The DA accordingly:

  • Calls for the immediate resignation of Lynne Brown;
  • Calls on Eskom CEO, Brian Molefe to step down immediately. If he doesn’t he should be fired;
  • Demands all Eskom board members to resign immediately, failing which a full parliamentary inquiry must be conducted into their fitness;
  • Lay criminal charges in terms of the PFMA and Prevention and Combatting of Corruption Act against accounting authorities.

The Minister of Mineral Resources

The Public Protector noted that it appeared that Minister Zwane acted in his personal interests while on his trip to Switzerland, and this conduct is not in line with Section 2 of the Executive Members Ethics Act.

“Furthermore, that it is potentially unlawful for the minister to use his official position of authority to unfairly and unduly influence a contract for a friend or in this instance, his boss’s son at the expense of the state,” Maimane said.

The DA accordingly:

  • Calls on Minister Zwane to resign immediately;
  • Will lay criminal charges in terms of the Prevention and Combatting of Corruption Act, following prima facie evidence that he used his official position to influence a contract.

Read: State capture report ‘riddled with errors’: Oakbay lawyer

The Guptas and Duduzane Zuma

The DA has already laid criminal charges against the Guptas and Duduzane Zuma.

“We will submit this report to the Hawks to supplement their current investigation. This report details significant prima facie evidence of high level corruption by both,” the party said.

The DA called for Parliament to establish an ad hoc committee to deal with the report and ensure that accountability is ensured.

Read this: Public Protector’s report on state capture released – download it here

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Here is what’s next for those implicated in state capture report