By Thys Khiba – The first part of the report of the Judicial Commission of Inquiry into Allegations of State Capture volume 1 submitted by Acting Chief Justice Raymond Zondo has excluded former President Jacob Zuma from at least 20 individuals mentioned for possible prosecution by law enforcement agencies.
Those names include Brian Molefe, Tom Moyane, Dudu Myeni and businesses.
The recommendations made by Judge Zondo on his commission report are treated as just that – recommendations.
Meanwhile the National Prosecuting Authority (NPA) head Shamila Batohi has indicated, in December 2021, that an underfunded NPA would struggle to prosecute all cases emanating from the Zondo Commission. Therefore, the overburdened NPA would have to pick and choose for maximum impact.
In his volume 1 of the report submitted to Ramaphosa, Zondoadvises the NPA to “consider” possible prosecutions against about 20 individuals and businesses implicated in State Capture around SAA, the Gupta’s TNA newspaper sponsorship, and the SARS.
Judge Zondo’s recommendations:1. The New Age (TNA)
“The evidence before the Commission paints a picture of a calculated strategy by the Guptas to appropriate public funds from state-owned enterprises.”• Rajesh “Tony” Gupta, on the basis of evidence from former SAA CEO Vuyisile Kona that Gupta offered him a bribe initially of R100 000 and later R500 000, which Kona rejected. • Former Transnet CEO Brian Molefe for fraud “and/or contravention of the PFMA [Public Finance Management Act]”. • The 2015 Eskom board members should be investigated before determining potential charges against them. • Former Eskom CEO Collin Matjila – who insisted Eskom enter into a long-term contract with The New Age – for fraud “and/or contravention of the PFMA”.2. SARS
“The only feasible conclusion is that [SARS] was deliberately captured and President Zuma and MrMoyane played critical roles in the capture of SARS and dismantling it.” • Former SARS head Tom Moyane, with perjury relating to his “false evidence” to Parliament. • Individuals involved with the awarding of contracts to Bain & Co, with corruption. • All Bain’s contracts with government should be reexamined. • The SARS act should be amended to make the SARS Commissioner appointment process more transparent. 3. SAA
“President Zuma fled the Commission because he knew there were questions that would be put to him that he would not have been able to answer.” • Former SAA chair Dudu Myeni• “The individuals” responsible for securing millions of rands “for the personal benefit of Ms Myeni and the Jacob Zuma Foundation”. • JM Aviation directors and members of the board of SAA Technical (Saat) • Vuyo Ndzeku, former JM Aviation director • Yakhe Kwinana, former SAA board member • Lindelwa Mbanjwa, Kwinana’s lawyer • Nontsaka Memela, former Saat procurement head • Phetolo Ramosebudi, former Acsa group treasurer • Eric Wood, Regiments director • Niven Pillay, Regiments executive • Phumeza Nhantsi, former SAA CEO • Vivien Natasen, director of Neo Solutions • Swissport • Daluxolo Peter, businessman • Vuyisile Ndzeku, former JM Aviation director • Lester Peter, SAA former head of procurement • Officials at the North West Departemnt of Transport • Mr Indheran Pillay, Regiments executive • Mr Tewedros Gebreselasie, Regiments executive • Moss Brickman, Nedbank head of credit and international derivatives • Mario Visnenza, Nedbank executive • Nedbank
Professionals bodies asked to sanction members: • The Legal Practice Council should investigate Nontsasa Memela and Lindelwa Mbanjwa with a view to potentially removing them from the legal roll. • The South African Institute of Chartered Accountants (Saica) should investigate whether Yakhe Kwinana is “fit and proper” to practice as a chartered accountant.
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