No Wrongdoing Proven Yet: Malusi Gigaba Calls for Fair Process in IDAC Investigation
Former Public Enterprises Minister Dr Malusi Gigaba has come forward to address allegations tied to his time overseeing state-owned companies like Transnet. On 7 November 2025, Gigaba met with officials from the Investigating Directorate Against Corruption, known as the IDAC, part of the National Prosecuting Authority. He stressed that no charges have been laid yet, and he is fully cooperating to clear his name. This comes amid ongoing probes into past deals at Transnet, which have already seen other top figures face the courts.
Gigaba, now an ANC MP and co-chair of Parliament’s Joint Standing Committee on Defence, shared a detailed statement from his office. He described the matter as a procedural step, not proof of any guilt, and called for a balanced view from the public and media. The development highlights ongoing efforts to tackle corruption from the state capture era, but it also raises questions about how such cases are handled.
The Allegations: Roots in Transnet’s Troubled Past
The IDAC’s focus on Gigaba stems from his role as Minister of Public Enterprises between 2010 and 2014. During this period, Transnet was involved in major contracts, including a massive deal for locomotives worth over R3.2 billion. Investigations have pointed to irregularities in these deals, with links to the Gupta family, who are accused of influencing decisions to siphon off funds from state entities.
Reports from the Zondo Commission of Inquiry into state capture painted a picture of how Transnet was targeted, with claims that Gigaba enabled certain moves that benefited private interests. Specifically, the probe looks into whether Gigaba received an “undeserved benefit” in connection with these events. This has been framed as a Schedule 1 charge under anti-corruption laws, which covers serious offences like fraud and graft.
However, Gigaba’s team has made it clear that the allegation is not tied to procurement processes. In a media Q&A released on the same day, they explained that his duties were about high-level policy, oversight, and strategic direction for national legislation. Operational tasks, like contracting and day-to-day management, fell to the boards and executives of the companies. They also noted that the Department of Public Enterprises carried out due diligence and compliance reviews before matters reached ministerial level, in line with the Public Finance Management Act.
Gigaba has not been indicted, and no solid evidence has been shared publicly to back the claims. The IDAC has described the meeting as an engagement, not an arrest or formal charging. This aligns with their statement on X, where they said Gigaba is “engaging IDAC” and there would be no court appearance on 7 November. [0] [1] [2]
Gigaba’s Response: A Call for Transparency and Patience
In his media statement, Gigaba reaffirmed his willingness to engage fully and transparently with the authorities. “Dr Gigaba remains willing to engage fully and transparently with the relevant authorities. To date, no indictment has been issued, and no evidence has been presented to substantiate the allegation,” the document reads. He expressed confidence in South Africa’s judicial institutions and his commitment to accountability, integrity, and service to the people.
The statement also clarified his role during the relevant period, reframing it as one of oversight rather than hands-on involvement. “During the period in question, Dr Gigaba served as Minister of Public Enterprises, responsible for policy oversight, institutional governance, and strategic direction within the framework of national legislation,” it states. He pointed out that operational and administrative functions, including contracting and implementation, were handled by the respective boards and executive management of those entities.
Gigaba’s office released talking points for interviews, emphasising respect for institutions and the rule of law. He has consistently upheld that no one is above the law and that accountability strengthens democratic institutions. Drawing on his over 32 years in the ANC, he described himself as tested, reformed, and ready to build, focusing on forward-looking policy innovation, Pan-African cooperation, and developing a new generation of public leaders.
In a key message to stakeholders, Gigaba said his conduct in office has always been guided by policy, process, and principle. He remains focused on his parliamentary duties, co-chairing the Joint Standing Committee on Defence and advancing ethical governance. He called for fair and balanced reporting, urging the media and public to allow the legal process to unfold without prejudice or speculation.
An updated Q&A, prepared for later in November, addresses common questions. For instance, on why he was called to the IDAC: “I was requested to engage with the IDAC office to respond to an allegation of ‘receiving an undeserved benefit.’ I honoured that request because accountability is not a burden; it is a duty of leadership. Engagement strengthens democracy – evasion weakens it.”
On whether this is a procurement-related matter: “No. The allegation has been mischaracterised in some reports as procurement-related. It is not. The matter concerns an allegation of personal benefit, framed under a Schedule 1 charge, and is unrelated to any operational or administrative processes.”
Gigaba views this as a moment of reaffirmation: “Every challenge refines purpose. I see this not as a moment of crisis but of reaffirmation – that integrity must be tested to be trusted. My conscience is clear, and I remain patient in my faith that evidence will outlive speculation.”
Background: State Capture and Transnet’s Locomotive Scandal
This investigation is part of a broader crackdown on state capture, where powerful families like the Guptas allegedly influenced government decisions for personal gain. The Zondo Commission found that Gigaba had ties that enabled looting at Transnet, with claims he benefited financially. Four other former Transnet executives – Brian Molefe, Anoj Singh, Thamsanqa Gama, and one more – are already facing at least 18 charges related to the locomotive deal.
The deal involved buying trains from companies linked to the Guptas, leading to billions in losses for Transnet. Gigaba, as the overseeing minister, is accused of playing a role in approving or facilitating these irregular contracts. However, his defence is that he had a non-executive role, focused on governance and transformation within state-owned companies, not the nitty-gritty of deals.
Public reactions on social media have been mixed. Some posts question why Gigaba was interviewed without charges, while others like Crime Intelligence boss Dumisani Khumalo faced quick arrests in similar probes. This has sparked debates about a possible two-tiered justice system. Others praise the IDAC for acting, seeing it as progress in holding leaders accountable.
NPA and IDAC’s Position: Engagement, Not Arrest
The NPA quickly clarified the situation via an X post: “Kindly note that Mr Malusi Gigaba has not been placed under arrest. He is engaging IDAC and there will be no court appearance today. IDAC will not be commenting any further on the matter.” This came after initial reports suggested Gigaba might face immediate charges or a court date.
IDAC spokesperson Henry Mamothame handled enquiries, emphasising that the process is ongoing. The directorate is reviewing the broader matter, including other respondents’ charges, to ensure fairness and completeness. This approach allows for a comprehensive and contextual response when matters go to court.
Gigaba’s meeting with IDAC in Pretoria ended without any detention. He returned home, and sources indicate a court appearance might be scheduled for a later date. The NPA has formally charged others in the Transnet case, but for Gigaba, it’s still at the engagement stage.
Broader Implications: Accountability in South African Politics
This case underscores the slow but steady push to address state capture’s fallout. With the IDAC stepping up probes, it sends a message that no one is untouchable. For Gigaba, a long-time ANC figure, it tests his resilience and the party’s commitment to renewal.
Public unease about inconsistencies in how cases are handled could fuel calls for more transparent processes. Gigaba’s call for patience aligns with his philosophy: “The intellect must serve the people. That means using moments of challenge to strengthen faith in justice and institutions. My work on ethical renewal, Pan-African cooperation, and youth development continues with undiminished resolve.”
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