If ANC implements Zondo’s findings before elections, ‘it might rock the boat for them’

Parliament ignored his commission’s recommendations and state capture would happen again because they won’t protect the people, Chief Justice Raymond Zondo claimed – but now the same parliament he lambasted is offering him an olive branch.

National Assembly Speaker Nosiviwe Mapisa-Nqakula yesterday invited Zondo to an urgent meeting with Amos Masondo, chair of the National Council of Provinces, and herself to discuss the matter.

Parly and Zondo meeting

“This meeting is intended to address matters of concern between the judiciary and the legislature, specifically in relation to recent public statements made by the chief justice regarding parliament’s role in the implementation of the Judicial Commission into State Capture,” Mapisa-Nqakula said.

Zondo told a Human Sciences Research Council symposium on Thursday that state capture could happen again if another group attempted it. It would succeed because parliament would again not be able to stop it.

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“That is simply because I have seen nothing that has changed,” Zondo said. “If parliament won’t be able to protect the people’s interests, who will protect the people?” he asked.

He said there had been no changes to protect the country from graft and a Gupta-style state capture, a year since he submitted the last batch of his state capture commission report.

Accountability

The chief justice, who put the blame squarely on parliament’s failure to act, expressed concern that the ANC had used its majority to stifle accountability, instead of improving it.

That statement should come as no surprise, political analyst Sandile Swana said, claiming the ruling party had been involved in several attempts to stifle any reports that portrayed its top leadership in bad light in parliament.

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In November, parliament announced its parliamentary rules committee had adopted an implementation plan for the state capture commission recommendations.

In its year-end statement a month later, parliament said the “institution will spare neither strength nor courage in ensuring that the commission’s recommendations are implemented”. But little had been done.

Analyst Prof Ntsikelelo Breakfast agreed with Zondo that parliament’s response to the commission’s recommendations “was too slow” and concerning.

“The ANC is concerned about the outcome of next year’s general election and if it implements Zondo’s findings, that might rock the boat for them.

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“Some people might be affected – especially those aligned to Ramaphosa,” Breakfast said.

“The party is trying to delay the implementation so that they can respond to it, maybe after the election,” Breakfast said.

ANC killing power of parliament

Swana said the ruling party had killed the power of parliament to hold Cabinet accountable. He cited the ANC’s “rejection and rubbishing” of the Section 89 panel report on the Phala Phala saga as an example of how the ruling party deliberately frustrated all investigative reports affecting its leaders.

“The way the ANC treated Judge Sandile Ngcobo and his report is a clear sign that the ANC will always win the vote because they have an absolute majority in parliament,” Swana said.

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The party should issue a strong corrective message to its MPs. But, instead, it encouraged its MPs “to forget their consciences and instead vote according to the line dictated by party bosses such as Gwede Mantashe, Cyril Ramaphosa and the top seven”.

“The misdeeds of the executive or the Cabinet are endorsed at Luthuli House,” Swana said.

“The ANC dominate those committees and can outvote anything. Zondo is confronted with that – and it’s a reality that every South African faces. They actually derail the governance processes in SA.”

– ericn@citizen.co.za