State capture inquiry chair deputy Chief Justice Raymond Zondo. File picture: Karen Sandison/African News Agency(ANA).
State capture inquiry chair deputy Chief Justice Raymond Zondo. File picture: Karen Sandison/African News Agency(ANA).

State Capture Report: Hand over to Ramaphosa hits a snag amid urgent court application

By Sihle Mavuso Time of article published Jan 3, 2022

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Durban - The intention by the State Capture Commission to hand over the first draft of its report to President Cyril Ramaphosa has hit a snag.

This comes as the South Gauteng High Court on Monday postponed an urgent court application by Democracy in Action (DIA).

The DIA, chaired by businessman Thabo Mtsweni, launched an urgent court interdict to stop the chairperson of the commission, deputy chief justice Raymond Zondo, from handing over the first batch of the report to Ramaphosa.

But the court on Monday postponed the matter to Tuesday (January 4) to allow the respondents time to submit their respective applications.

Ironically, the new date in which the urgent application will be heard is exactly the same day that Ramaphosa is scheduled to officially receive the report at the Union Buildings.

Meanwhile, in its urgent court submission, the DIA alleges that during the sitting of the commission, several witnesses who were called by the commission implicated Ramaphosa.

As such, he is not fit to receive the report, referencing the high court decision that stripped the then president, Jacob Zuma of his right to appoint the judge to chair the commission since he was directly and indirectly implicated.

Among the instances, Mtsweni claimed Ramaphosa was implicated during his tenure as Glencore shareholder when the coal miner had a contract to supply coal to the state-owned power generator.

“The third respondent (Ramaphosa) was the head of African National Congress deployment committee and played a role in the appointment of some of the leaders of State-Owned Enterprises, which were central to the "State Capture Commission".

The third respondent was leader of government business as a deputy president and on inter-ministerial committee of Eskom war room, which is central to the "State Capture Commission”.

“There is evidence that was led before the commission that the Third Respondent was the shareholder at Glencore which is the contractor to Eskom and was central to the ’State Capture Commission’ evidence that was led. There was evidence that was led before the commission that the Third Respondent's son had allegedly received money from BOSASA, which money was used in the Third Respondent's election campaign and BOSASA is central to the ’State Capture Commission’ evidence that was led,” reads part of Mtsweni affidavit before the high court.

Arguing his case further, Mtsweni said asked the court to interdict the handover process until the court has fully heard why DIA believes Ramaphosa is not fit for the purpose.

“It is trite law that the applicant that seeks an interim interdict has to show and/or convince the above Honourable Court that it has prima facie right that it seeks to protect, secondly the Applicant has to show and/or convince the court that there is well-grounded apprehension of harm, thirdly has to show and/or convince the court that balance of convenience favours the granting on the interim interdict and lastly that there is no other remedy.”

The court decided to postpone the matter to Tuesday to allow the secretary of the commission, Zondo and Ramaphosa to file their opposing papers.

POLITICAL BUREAU

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