Nombembe stays at state capture inquiry, EFF told

The chair of the commission of inquiry into allegations of state capture, corruption and fraud in the public sector, Deputy Chief Justice Raymond Zondo, yesterday dismissed the EFF’s objection to Terence Nombembe’s appointment – and the EFF is going to court.

Nombembe – a former auditor-general and current CEO of the South African Institute of Chartered Accountants (Saica) – was appointed head of investigations for the commission which would, among other things, be looking into former president Jacob Zuma’s relationship with the Gupta family and its dealings.

“In the interest of proper judicial process, proper investigation and fair opportunity for all affected parties, we call on Zondo to reconsider his decision,” EFF spokesperson Mbuyiseni Ndlozi said.

“We maintain that all those who are conflicted, whether actual or perceived, should recuse themselves from the inquiry.

“The continued presence of Nombembe, who the EFF intend to call as a witness in future, will leave us with no option but to approach the courts for his removal from the inquiry,” Ndlozi said.

“We are left with no choice but to suspect the inquiry is just a whitewash meant to bury the ANC complacency of state capture.”

The party challenged Nombembe’s appointment on the grounds that he had allegedly accepted a payment of R1.2 million from Trillian Capital, a company apparently linked to the Gupta brothers and state capture.

Zondo found the payment by Trillian had been made on February 28, 2017, to Thuthuka Bursary Fund, which had been set up by Saica in 2002. It was during April and May that allegations around Trillian blew up in the media and by August, Thuthuka had returned the money to Trillian, which was not happy about the gift being rejected.

“It is with regret that I receive and accept your e-mail. As a business we have been tried and convicted in the media. Due to this, our name has been unfairly tarnished. We are truly sad regarding your stance on the matter,” part of the e-mail from Trillian stated.

Zondo found the allegations against Trillian became public after the donation had been received, and that there was no suggestion Nombembe knew in advance Trillian would be making a donation.

“Once Trillian Capital had paid the donation to Thuthuka, there is nothing in Nombembe’s conduct for which he can be criticised,” Zondo said.

“He did the right thing by being part of the decision to reject the donation.”

Zondo then dismissed the EFF’s objection outright.

– amandaw@citizen.co.za

Also read: EFF wants Nombembe removed from state capture inquiry

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