StateCapture: Damning observations found by the Public Protector

The much awaited State Capture has been released, following a court battle that wanted to interdict its release. Titled the State of Capture, the 355 page report entails details of an investigation to the alleged improper and unethical conduct by President Jacob Zuma and other state functionaries relating to the improper relationships of the and involvement of the Gupta family in the appointment and removal of Ministers and Directors of State Owned Enterprises resulting in improper and possibly corrupt award of state contracts and benefits to the Gupta family’s businesses.

In this report, Former Public Protector, Thuli Madonsela has made observations that painted a picture of a possible improper conduct by Zuma and some of the top officials in government.

Madonsela found that Zuma may have breached the executive code of ethics in several instances, including if proven that the Gupta family knew about the removal of the previous Finance Minister, Nhlanhla Nene from office before an official announcement was made by the president.
“It is worrying that the the Gupta family was aware or may have been aware that Minister Nene was removed six weeks after Deputy Minister [Mcebisi] Jonas advised him that he had been allegedly offered a job by the Gupta family in exchange for extending favours to their family business,” reads a statement from Madonsela’s report.

According to the report, if the Gupta family knew about the intended appointment it would appear that information was shared then in violation of section 2.3(e) of the Executive Ethics Code which prohibits members of the executive from the use of information received in confidence in the course of their duties or otherwise than in connection with the discharge of their duties. Madonsela further stated that provision of Section 2.3(c) which prohibits a member of the Executive from acting in a way that is inconsistent with their position, highlighting that there might even be a violation of Section 2.3(e) of the Executive Ethics Code which prohibits a member of the Executive from using information received in confidence in the course of their duties otherwise than in connection with the discharge of their duties.

The remedial action given by the Public Protector was for Zuma to appoint a commission of inquiry within 30 days. The commission should be headed by a judge, appointed by Chief Justice, Mogoeng Mogoeng. Madonsela further instructs.