State capture: Is Faith Muthambi still serving the Guptas?

Control of the airwaves couldn’t be ignored by the Guptas. But they required malleable puppets with political power during their state capture – such as Faith Muthambi.

Was this the reason for rapid replacements of ministers of communication?

Dina Pule held the post from October 2011 to July 2013, Yunus Carrim from 2013 to May 2014, and Faith Muthambi from 2014 to March 2017.

The Commission of inquiry into State Capture found that Muthambi had abused her office and shared confidential information with the Guptas.

It recommended she be referred to the National Prosecuting Authority on the basis that “there is sufficient evidence on record” to consider charges under the Prevention and Combatting of Corrupt Activities Act.

When the department of communications commenced a broadcast digital migration project the SA Post Office was appointed as the distribution partner.

The commission reasoned that the main question from 2008 onwards was whether set-top boxes (STB) should have encryption capabilities or not, and whether Muthambi had the legal authority to make a policy determination.

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Sentech, the government’s TV and radio signal distributor, had a STB control system in place, and in 2012 Roy Kruger, technical advisor to ministers Pule and Carrim, advised Pule of this.

However, Hlaudi Motsoeneng, acting chief operating officer of the SABC at the time, decided the SABC did not require STB control – and signed an agreement with MultiChoice in which MultiChoice “banned” the SABC from using an STB control system.

This was after Carrim had set up a forum to get all parties to agree to implement a STB control system.

However, Motsoeneng – supported by Muthambi – went against this.

The commission found this “points to a clear abuse of power” and questioned why former President Jacob Zuma “stood idly by (if he did) and tolerated this change in policy?”

Nevertheless, Carrim said he did not have knowledge of any fraud and/or corruption in respect of this agreement.

The commission had to conclude that “there is no evidence on which a finding can be made that MultiChoice’s lobbying in this regard included acts of fraud and/or corruption”.

The Organisation Undoing Tax Abuse deposed an affidavit on 17 July, 2017 after receiving a copy of e-mails retrieved from Sahara Computers, a Gupta company, which evidenced “crimes of corruption and high treason” concerning Muthambi.

Muthambi sent e-mails on confidential matters to Tony Gupta after her appointment.

Some were sent via former Sahara CEO Ashu Chawla, who passed them on to Tony Gupta or Duduzane Zuma (Jacob Zuma’s son).

The commission concluded she was a “Gupta minister”.

Muthambi is still in government. Is she still serving the Guptas?

Curson is a chartered accountant and tax expert.