Terms of reference for #StateCapture inquiry released

Deputy Chief Justice Raymond Zondo. File picture: Supplied

Deputy Chief Justice Raymond Zondo. File picture: Supplied

Published Jan 25, 2018

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Johannesburg - The Justice and Correctional Development Department has published the terms of reference for the commission of inquiry into state capture. 

The document has been made available on the government gazette and stipulates what the inquiry will cover. 

Two weeks ago, President Jacob Zuma announced that he had appointed a judicial commission of inquiry into state capture which would be headed by deputy Chief Justice Raymond Zondo. 

 

On Tuesday Zondo told the media at a media briefing that he had yet to receive the terms of reference for the inquiry, despite the fact that he was ready to start proceedings for the inquiry. 

Some of the issues the commission will investigate include;

 

* The commission will investigate whether attempts were made to influence members of the National Executive, office bearers or functionaries employed by the office bearers of any state organ or directors of the boards of SOEs.

 

* The commission must investigate whether there is any truth to claims that former deputy minister of finance Mcebisi Jonas and Mentor were offered cabinet positions by the Gupta family

 

*The commission must investigate whether the appointment of national executive was disclosed to the Gupta family or any other unauthorized person before such appointments were made.

 

*Whether President Jacob Zuma had any role in the alleged offers of cabinet positions to Jonas and Mentor by the Gupta family.

 

*Whether the appointment of any member of the national executive, functionary or office bearer was disclosed to the Gupta family and if Zuma or an member of the executive is responsible for this.

 

*Whether the President or any member his national executive or public official or employee of SOE breached or violated the Constitution or any relevant ethical code or legislation by facilitating the unlawful awarding of tenders by SOEs or any organ or state to benefit the Gupta family, individual or corporate entity doing business with government or any organ or state. 

 

Zondo also said the inquiry should focus on the State of Capture report that was released by former Public Protector Thuli Madonsela in 2016. There are some within the ANC like the ANC Women’s League who have been vocal in calling for the inquiry’s terms of reference to cover corruption dating back to 1994. 

 

This view has been rejected by many.

Politics and Development

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