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SIU committee identifies matters from Zondo Commission for further investigation

Special Investigating Unit head advocate Andy Mothibi. Picture: Supplied

Special Investigating Unit head advocate Andy Mothibi. Picture: Supplied

Published May 11, 2022


CAPE TOWN - The Special Investigating Unit (SIU) committee constituted to consider the first three parts of the Zondo Commission report has identified matters that will be further investigated to ensure that there was sufficient evidence to proceed.

This was revealed by SIU head Andy Mothibi when he briefed the justice and correctional services portfolio committee on its annual performance plan and budget for 2022–23 on Wednesday.

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Mothibi said the recently released volume on the Eskom affairs would also be considered.

“The SIU has extensive Eskom investigations and there are already outcomes in this regard,” he said.

“From the two initially released State Capture Commission reports, the SIU is currently conducting investigations in SAA, Denel, Transnet and the New Age.”

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It was also probing matters related to Eskom and Alexkor SOC that were featured in volume three of the Zondo Commission report.

Mothibi said the entity will use the Zondo report in order to hold officials, executives and directors to account based on the evidence and findings from the commission.

He said they have identified matters that were highlighted by the report and were covered by the issued proclamations and those that were not covered.

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Mothibi also said they were identifying matters for cancellation of contracts and the institution of civil litigation.

He added that they would use the report to make referrals to the National Prosecuting Authority where evidence points to criminal offence as well as referrals of evidence to state institutions for disciplinary action.

He told the MPs that the SIU would collaborate with other law enforcement agencies on common matters as well as blacklist companies and directors, including referrals to other regulatory authorities.

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Mothibi noted that Chief Justice Raymond Zondo has in his report commended the SIU model in the investigation of corruption.

“The SIU works on proclamations. That could be looked at in terms of amendments. We raised it as part of legislative amendment process.”

Meanwhile, MPs raised concerns that state institutions were not implementing the referrals from the SIU when it comes to disciplinary action that must be taken against officials.

ACDP chief whip Steve Swart said there were a number of officials who were recommended for disciplinary action and companies for blacklisting.

“That is a matter of concern that very few companies have been blacklisted. What can we do to assist in that regard?” Swart asked.

“What concerns us is that the companies that are not blacklisted and identified by SIU and may receive contracts following the KwaZulu-Natal flooding,” he said.

DA MP Janho Engelbrecht wanted to know the consequence management for those who did not implement blacklisting of individuals and companies, “otherwise it will not have the deterrent effect”.

Mothibi said there were quite a number of service providers that were recommended for blacklisting.

He said the SIU has met with the office of the chief procurement officer.

“There is a process under way that the National Treasury is going to undertake. They review our list and go to the state institutions.

“Where there is inaction or no action, then we really need to ensure those accounting officers are held to account,” he said.

Mothibi also said there was a monitoring mechanism where the presidency updated the committee and standing committee on the implementation of recommendations from the SIU reports.

“That includes the monitoring of blacklisting, referrals to the National Prosecuting Authority, civil litigation, disciplinary hearings. We are pleased that the process is now in place,” he added.

Cape Times

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