Madonsela delighted Zondo’s work is done, but ball is now in NPA’s court

Nearly six years after the release of then public protector Thuli Madonsela’s report, State of Capture, she said she was delighted the day of accountability had arrived, following the release of the final Zondo commission report.

Now, all eyes will be fixed on the National Prosecuting Authority (NPA) and a special unit set up to deal with the reports emanating from the Commission of Inquiry into State Capture, produced by its chair, Chief Justice Raymond Zondo.

NPA spokesperson Mthunzi Mhaga said the task force had been in full swing since its establishment.

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The unit was established on 12 January, and at the time Mhaga said it was going to be a “Herculean task, given the volume of materials and the finite human and financial resources available to our law enforcement and criminal justice agencies”.

Reflecting on her report, Madonsela said: “I also believe this means a level of closure for whistle-blowers who put their heads above the parapet and have remained in such vulnerable condition since the firing of Nene,” she said.

Madonsela had expected the inquiry to take less than a year and this, she said, may have affected evidence collection, due to the crime trail getting cold.

“State capture is a special form of corruption and corruption is a crime in addition to its being a gross injustice,” she said.

“But I understand former president Zuma extended the mandate beyond the mandate of completing the incomplete public protector investigation.”

Madonsela added South Africans would finally know if portions of the state of South Africa were hijacked and repurposed to serve the personal interests of two families.

Legal expert Mannie Witz said the NPA would have to see what the recommendations entailed, investigate them and establish if there was any criminal act.

According to Witz, it would not be based on what Zondo believed, but rather on the proof the NPA uncovered.

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He said anything stated at the Zondo commission could not be used in a criminal trial.

“The NPA now has to get it confirmed independently and verified, so it all depends on what his recommendations are, who should be investigated and if it is a prima facie case, while also looking at the chances of a successful prosecution,” he said.

“Then they will institute and undergo the process by summoning and prosecuting those accused.”

Political economy analyst Daniel Silke said from the NPA’s point of view, there was tremendous pressure because the credibility of the state capture process was based upon the expectation of the NPA’s ability to act.

Silke said if the reports confirmed suspicions about individuals, some within Cabinet, the NPA would be “largely under pressure”.

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“If the NPA fails to do so successfully, it will undermine the report, the fight against state capture and the potential fight against future corruption within the government,” he said.

“If they are seen to be sitting on their hands … and if the cases are weak, it will undermine the entire process and confidence in SA to turn this around.”

Political analyst Andre Duvenhage said the commission was a test with its strong recommendations and Ramaphosa seemed prepared to take the risk and let the NPA lead the way.

“I am expecting a very difficult six months and Ramaphosa should be strategically positioned in all of this,” he said.

In the build-up to the ANC’s national conference, a number of positions and lives were at stake with the commission reports implicating senior ANC officials who Ramaphosa may have to “clean out”.

– lungas@citizen.co.za

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