I’ll get to bottom of state capture – Judge Zondo

Widespread allegations of corruption in some government departments and SOEs are to dominate proceedings when witnesses take the stand.

Deputy Chief Justice Raymond Zondo Picture: Refilwe Modise

Promising to leave no stone unturned, head of the State Capture Inquiry Judge Raymond Zondo yesterday described state capture as being about a network of relationships – both inside and outside government – “repurposing government departments, officials and state-owned entities for private gain”.

Widespread allegations of corruption in some government departments, the SABC, Passenger Rail Agency of South Africa, Denel, South African Airways, Eskom and Transnet, are to dominate proceedings when witnesses take the stand from today.

“It is self-evident that the very essence of the 1996 constitution was to end a political system that had indeed been captured by a government acting in the interests of a privileged minority at the expense of a disempowered, marginalised and impoverished majority,” Zondo said.

“Our terms of reference direct us – at least in the first instance – to a different period and to answer a different question: has the state again – to a larger or lesser degree – been captured?

“Has it been possible, once again, to distort and manipulate state entities in such a manner and to such a degree to serve the interests of a privileged few?

“And what is the significance of this question being asked in 2018? How could it occur in a constitutional democracy post 1996? In other words, the broader question signified by our terms of reference read as a whole may be asked: has the democratic project envisaged by our constitution been derailed? If so, can it be put back on track, and how?”

The inquiry is expected to examine, among others, allegations made by former deputy finance minister Mcebisi Jonas, and former ANC member of parliament Vytjie Mentor, that the Gupta family was involved in influencing former president Jacob Zuma in making Cabinet appointments.

“The ethics code requires that the president and the Cabinet must always behave in the best interests of good governance, with integrity, in good faith, loyally, and never in a way that is inconsistent with their position,” Zondo said.

“They may not share privileged information and they may not use their position to benefit themselves or other parties.”

INFO

The legal evidence team, headed by senior counsel Paul Pretorius, would probe whether:

What occurred was not a deliberate weakening of constitutional government and a re-purposing of constitutional state structures.
There was a deliberate attempt to weaken democratic processes and to shift political decisions away from constitutional bodies.
What occurred involved a systematic undermining of the country’s laws and principles.
This happened at the hands of a network of alliances between persons and entities both inside and outside the state.
The goal of those involved was the diversion of state funds and resources into private hands.
What the impact was on the constitutional goals such as development, empowerment, service delivery, transformation and redressing the inequalities of the past.
There was a deliberate effort to weaken key state institutions.
To what extent was the redirection of state funds and resources found to have occurred, allowed by prevailing laws and policies.