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From Myeni to Hlaudi and Duduzane… Zondo names and shames those who aided Guptas, Zuma

  • In the final instalment of his report, Raymond Zondo laid bare those responsible for looting state resources.
  • According to the report, these individuals prioritised individual interests over the nation’s. 
  • These are the rogues named and shamed in the commission’s final instalment.

In the State Capture Inquiry’s sixth and final report, Chief Justice Raymond Zondo documents how key politicians and businesspeople brought the country to its knees to benefit one man – former president Jacob Zuma.

Through the appointments of shady individuals to positions of power, the awarding of contracts to serve individual interests, and the weakening of state enterprises to keep illicit money flowing, these are the rogues Zondo has named and shamed in the last and final report:

Dudu Myeni: SAA

Under the former South African Airways (SAA) board chairperson, Dudu Myeni, the entity declined and was “racked by corruption and fraud”, Zondo said.Former SAA board chairperson Dudu MyeniMarietie Gericke

In recommending possible criminal prosecution against Myeni, Zondo maintained that, despite her misconduct, “she was reinstated as its chairperson well beyond the point at which she should have been removed”.

“Two successive finance ministers have explained to the commission that this was because of the personal preferences of former president Zuma. This is the antithesis of accountability.”

According to Zondo, Myeni was able to exert influence over Zuma as displayed by her facilitation of the meeting with the former president regarding the oil and gas regulations.

“It is established, in respect of Ms Myeni, that there were attempts made through inducements and gain to influence both her, as chairperson of the Jacob Zuma Foundation, or as someone close to Mr Zuma and director of an SOE, and, through her, Mr Zuma,” Zondo said.

Tony Gupta

Zondo recommended that law enforcement investigate the Gupta brother on charges of corruption, based on evidence before the commission by former SAA chairperson Vuyisile Kona.

Kona alleged that Gupta offered him R500 000 to take up the leadership position at the state carrier in 2012.MANGAUNG, SOUTH AFRICA ? DECEMBER 17: Atul Gupta aRajesh Gupta (left) and his older brother Atul in 2012 at the ANC’s elective conference in Mangaung. (Photo: Simphiwe Nkwali, Sunday Times via Gallo Images )

The NPA should also consider instituting criminal prosecution against Gupta for bribery or corruption in offering Mcebisi Jonas millions if he agreed to be finance minister and work with the Gupta family, Zondo said.

Hlaudi Motsoeneng: SABC

In recommending criminal prosecution against the former SABC chief operating officer, Hlaudi Motsoeneng, Zondo found that Motsoeneng positioned himself as Zuma’s henchman at the SABC.HlaudiHlaudi Motsoeneng.Netwerk24

In 2011, the New Age and the SABC entered an agreement in which government officials would have to pay either entity to appear on the SABC. This led to millions being leaked out of the SABC, which the report said should be recovered in civil proceedings.

“At the very least, the investigating and prosecuting authorities should attempt to recover all the monies spent through unlawful and improper actions, if that can still be done. For instance, the R11 million ‘success fee’ should be recovered from Mr Motsoeneng.

“It is most probable that Mr Motsoeneng’s gross abuse of power at the SABC, including diverting public resources vested in the SABC to benefit the Gupta’s rival media company, appear to have been sanctioned by both Ms Muthambi and [former] president Jacob Zuma,” Zondo said.

Siyabonga Cwele: SSA

According to the report, former state security minister Siyabonga Cwele and Zuma were responsible for halting two serious investigations, which had disastrous impacts on the country.CAIRO, EGYPT - FEBRUARY 24: South African MinisteFormer state security minister Siyabonga Cwele. (Photo by Mustafa Ozturk/Anadolu Agency/Getty Images)Getty Images

The first was an investigation into the Guptas, initiated by former SSA director-general Ambassador Maqetuka, head of the foreign branch Mo Shaik and head of the domestic branch Gibson Njenje. The three investigated the relationship between the Guptas and Zuma in 2011, but Cwele stopped it from continuing.

“The stopping of the investigation into the Guptas was not a small matter. In all probability, considering all the evidence relating to, for example, their involvement in the businesses of state-owned enterprises, such as Eskom, timeous investigations could probably have prevented at least some of their activities that led to state capture and, by all indications, the loss of billions of rands.”

Arthur Fraser: SSA

The second investigation that Cwele halted was carried out by the Hawks into former spy boss Arthur Fraser. It regarded his involvement in the Principal Agent Network (PAN) network. Launched by Fraser, PAN sought to recruit agents, allegedly irregularly, into the SSA to form a parallel structure that operated outside the SSA’s mandate. The Zondo report found possible criminal activity carried out by Fraser as part of PAN.Former SSA director-general Arthur FraserArthur Fraser.Jaco Marais, Netwerk24

While the investigation revealed criminal activity related to Fraser, Cwele halted prosecutions, allegedly on instruction from Zuma, saying it would compromise national security. The decision paved the way for Fraser to be appointed as director-general of the SSA and the national commissioner of correctional services.

News24 reported that, in return, Fraser later ensured Zuma’s early release from prison on medical parole as his last act as commissioner.

Zondo recommended that the investigation into PAN be reopened to possibly bring criminal charges against Fraser.

Lucky Montana: Prasa

In providing recommendations regarding Prasa, Zondo remarked on the “many, many days” spent in hearings related to the SOE, especially its former CEO, Lucky Montana.

In the end, Zondo concluded that consideration be given to prosecuting Montana, as well as Daniel Mthimkhulu and Chris Mbatha, for their role in the award of dodgy locomotive contracts, which cost Prasa billions.Former Passenger Rail Agency of SA (Prasa) CEO LucFormer Passenger Rail Agency of SA CEO, Lucky Montana, appears before a parliamentary inquiry into state capture on January 30, 2018 in Cape Town.Gallo Images Gallo Images / Sowetan / Esa Alexander

One such contract was the Swifambo contract, concluded in 2013 for procuring 70 locomotives worth R3.5 billion. Zondo said the contract was “so flawed” that any reasonable person could have seen it as corrupt from the start.

When, in 2014, a “new” board took control at Prasa, it “began to experience unexpected challenges as it set about diligently attempting to discharge the responsibilities… More worrying, the board encountered obstacles and resistance, not least from Mr Montana, to changes it considered were required to fulfil weighty obligations”.

“The obstacles and resistance, some direct but others somewhat more subtle, were widespread but manifested themselves, especially in respect of the procurement of goods and services, in respect of some contracts that Prasa had concluded, costing billions of rands.”

Duduzane Zuma

As a shareholder in several Gupta-related companies, the son of the former president, Duduzane Zuma “stood to gain financially from contracts awarded to those companies”.Duduzane Zuma. (Photo:Getty Images/Gallo Images)Duduzane Zuma. (Photo:Getty Images/Gallo Images)

According to Zondo, “in some instances, Mr D Zuma appears to have taken part in the decision-making that would lead to the award of those contracts by SOEs to the Gupta-linked companies”.

He was also seemingly involved in the appointment of key people in SOEs, Zondo said – the same people who, in turn, facilitated the capture of those SOEs.

“He also seems to have acted as a conduit between the Guptas and government, particular his father, Mr JG Zuma. In several cases, Mr D Zuma was present when bribes were offered to individuals at the Guptas’ Saxonwold residence.”

Zondo recommended that law enforcement investigate Duduzane to ascertain whether he had committed any offence by “facilitating acts of corruption or by facilitating bribes or by failing to report corruption that may have been committed in his presence by Mr Tony Gupta”.

In concluding four years’ worth of work, Zondo’s final recommendation was to establish a permanent commission to “investigate, publicly expose acts of state capture and corruption in the way that this commission did over the past four years, make findings and recommendations to the president”.

The commission, Zondo said, could be called the “Anti-State Capture and Corruption Commission”.

According to Zondo, the new commission would exercise oversight over the executive, including the president, to keep them accountable.

“It will be important for the Anti-State Capture and Corruption Commission to ensure that, as a norm, evidence before it and any questioning of persons who appear before it is done publicly – and, with the media, including television, being allowed in the hearing,” Zondo said.

-Media24

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