Deputy Chief Justice Raymond Zondo To Head-Up State Capture Inquiry

By Pinky Khoabane


Deputy Chief Justice Raymond Zondo 

President Jacob Zuma has just announced the appointment of a commission of inquiry into state capture. This is ahead of tomorrow’s all important ANC National Executive Committee (NEC). Speculation has been rife that it is here where he will be persuaded to resign in the interest of the ANC.

In other legal events related to the President, Parliament’s National Assembly Subcommittee on Review of Rules is scheduled to, tomorrow and the day after, to deliberate on a draft procedure for implementing section 89(1) of the Constitution: Removal of President.

This follows the Constitutional Court’s judgment handed down on 29 December 2017 that the National Assembly had failed to put in place proper rules regulating a procedure for section 89(1) of the Constitution. The Constitutional Court ordered the National Assembly to make such rules without delay to initiate a process under section 89(1), in terms of the newly developed rules.

In a statement released by Parliament on Sunday, Parliament said: “In keeping with the Assembly’s commitment to comply fully with the Constitutional Court’s majority judgment, Members of Parliament serving on the National Assembly Rules Subcommittee have been notified of the forthcoming meetings and supplied with documents to be considered there”.

President’s Full Statement on the appointment of commission of inquiry into state capture

Fellow South Africans

Pursuant to the investigation and remedial action of the Public Protector regarding complaints and allegations of the State of Capture, as well as the orders issued by the North Gauteng High Court in its judgment of 14 December 2017, I have decided to appoint a Commission of Inquiry.

The Court ordered that, among other things, the remedial action of the Public Protector is binding and that the President is directed to appoint a commission of inquiry within 30 days, headed by a judge solely selected by the Chief Justice. The Court also ordered that I should personally pay the costs of the review.

I have appealed the cost order as well as the order regarding the duties of the President to appoint commissions of inquiry in terms of section 84 of the Constitution.

However, I am taking further legal advice on the prosecution of this appeal. I am concerned that this matter has occupied the public mind for some time now and deserves urgent attention.

I have only appealed the orders to the extent that they set a particular precedent for the Office of the President of the Republic and are indeed deserving of legal certainty.

The allegations that the state has been wrestled out of the hands of its real owners, the people of South Africa, is of paramount importance and are therefore deserving of finality and certainty.

Accordingly, I have decided that, while the issues determined by the order require final determination by higher courts, this matter cannot wait any longer.

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  1. The President announcement is welcome, its time we get to the bottom of all the corruption and state capture.

    This needs to be the mother of all State Capture and should not be exclusive.

    The argument that if this commission includes other state capture will prolong the the process is unfounded.

    In fact what’s going to prolong the inquiry, is the same allegations of Thuli Madonsela, which are going to be impossible to prove to be anything of substance or factual to prove any influence of the Guptas, in the apppointment/ discharge of cabinet Ministers.

    Mcebisi Jonas credibility as a credible witness has been highly compromized by the fact that it took him almost 6 months to speak-out contrary to the obligation in terms of PCCA Act.

    Brian Molefe & Desmond Van Rooyen being in the vacinity of the area of the Guptas residence means jack shit, nor are their phone call records, unless those calls were intercepted legally.

    The other part of state capture that I presented, with the value of R1,2 trillion will take Hon Judge Zondo a week to conclude.

    1. The State Capture Commission is going to be one of the most explosive things we’ll ever experience. I watched a clip of Brian Molefe’s submission before Parliament’s Eskom Enquiry, he said when he tried to clear his name, legal advice was that there are no findings and therefore there’s nothing to clear. On a somewhat unrelated issue which saddened me deeply as Brian was a man I held in the highest of esteem. I’ve written extensively here about him and called for all of us to support him. He had extensive knowledge of what transpired in terms of Eskom’s coal deals, etc, but knew almost nothing about Trillian deal – very troubling for a man as bright as he is. And what happened with that Pension issue was such a mess, my head is still reeling.
      I have been told by a very reliable source that some people who testified in that Eskom Enquiry lied blatantly – legal suits most likely to follow.

      1. I share the same sentiment on Brian.

        Brian became a victim of circumstances, it is indeed a sad situation, we trust he will be vindicated by this inquiry and be compensated accordingly in terms of his pension, while the damage to his integrity & credibility will remain irreparable.

        Brian is a good man and does not deserve to be vilified in the manner the media & the opposition has done..

  2. I am not a legal expert at all, will not claim to know anything that concerns legal jurisprudence in this country. I am troubled by the fact that a section nine institution can command the president of this country to appoint a judicial commission of inquiry albeit the constitution allows only the head of state to do so. Even if and when such head of state may or may not be conflicted the constitution allows only him/her to implement such a decision.Now a lot has been said about judicial overreach. I am asking those of you that are in the know of the legal stuff in South Africa to explain to me the consequence of this. I know that the President is currently in court to get finality on this question. I am sure that one of you will shed more light on this.

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