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Release of final Zondo report: now is the time for action, says ActionSA

Herman Mashaba. Picture: Thobile Mathonsi/ANA

Herman Mashaba. Picture: Thobile Mathonsi/ANA

Published Jun 23, 2022

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Durban - The release of the Zondo report into state capture last night sparked many reactions and calls for action and justice.

The latest part of the report deals with the capture of the State Security Agency, the SABC, the Passenger Rail Agency of South Africa (Prasa), and the landing of a private plane at the Waterkloof Military Airforce Base for a Gupta family wedding.

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ActionSA condemned President Cyril Ramaphosa’s “platitudes about condemning corruption” at a time when the country was calling for action.

It said that was the kind of leadership South Africans had become used to and it was something that would have to change.

“The voluminous nature of these reports and the lived experiences of our fellow South Africans show that very few, if anyone, is accountable for corruption in South Africa and for the capture of the state,” said ActionSA president Herman Mashaba.

The entities and individuals implicated in the report include:

  • Arthur Fraser (regarding the abuse of funds while heading the Principal Agency Network.
  • David Mahlobo and Thulani Dlomo (in relation to State Security cash received and/or illegitimately handled by each of them).
  • Dudu Myeni (prima facie case of corruption for facilitation).
  • Duduzane Zuma (whether he committed an offence by facilitating corruption and bribes or by not reporting corruption that might have been committed in his presence by Tony Gupta when he offered a bribe to Mcebesi Jonas, Mxolisi Dukwana and Vusi Kona).
  • Edwin Sodi and his organisation, Blackhead Consulting (for the payment of bribes).
  • Hlaudi Motsoeneng (for contravention of the Public Finance Management Act).
  • The criminal prosecution of Brian Molefe is also recommended for his time at Transnet. This includes Malusi Gigaba, among others.
  • Nomvula Mokonyane (for accepting a bribe from Bosasa).
  • The 2014 Eskom board (including Brian Molefe, Anoj Singh and Matshela Koko) for failure to exercise their fiduciary duties), as well as recovery of funds lost due to the board’s misconduct.
  • Tom Moyane (to be charged with perjury for providing false evidence to Parliament).
  • Rajesh “Tony” Gupta (for bribery/corruption arising out of his conduct in offering Mcebesi Jonas millions of rands if he agreed to be minister of finance and work with the Gupta family).

Mashaba said page 191 of the recommendations explicitly stated that Jacob Zuma “facilitated a capture of the State by private individuals or entities”.

“For about 4 years, R1 billion and 5437 pages later, the question on every person’s mind is whether we will see action taken against those who sold out our country, or whether we will witness even more impunity in the chaotic situation that has become the leadership of the ANC.

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“We call for the national director of public prosecutions, Shamila Batohi, to prioritise the prosecutions of all implicated parties in the report without further delay. Many of those implicated in the report were implicated in testimony given months ago, which the NPA (National Prosecuting Authority) could have acted upon,” said Mashaba.

Mashaba says South Africa was in dire need of consequences that must follow wrongdoing if citizens were to have faith in the criminal justice system. For the exercise to be more than a show, there had to be prosecutions, convictions and sentences.

“ActionSA’s legal team will immediately initiate a watching brief to oversee that all those implicated in state capture are brought to justice. We have no confidence in the NPA to perform their mandate and therefore, will act vigilantly to ensure justice is served. If necessary, we will even fight for this in the courts ourselves. We will therefore explore all legal options to ensure compliance with this report.”

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