Why the Zondo commission needs more time

The mass of evidence already presented at the Commission of Inquiry into State Capture represents only the tip of the massive state capture iceberg.

Commission chairperson Deputy Chief Justice Raymond Zondo yesterday said this is why the commission needs more time to probe the capture of the state, despite already amassing evidence from more than 150 witnesses, 27,000 recorded transcripts, 450,000 exhibits and over 190 days since last year.

Zondo is seeking another year’s extension for the inquiry to wrap up its work.

State capture is alleged to have resulted in billions of rands of public funds being siphoned off through dubious state tenders under the Jacob Zuma administration.

The inquiry was launched in 2018 following recommendations by former public protector Thuli Madonsela.

Addressing a media briefing in Johannesburg yesterday, Zondo announced that the commission has lodged a high court application, expected to be heard next month, for an extension to complete its work by 31 December.

The commission was initially granted an extension to February 2020, but Zondo warned that the time allocated was inadequate to finish its work.

While he could not immediately say how much the commission has cost and what the future budgetary projections would be, it is expected that government might fork out another R230 million towards the work of the inquiry.

According to the department of justice and correctional services, R230 million was spent in the running of the commission during its first year.

Zondo said although the commission has done “a reasonably good job” there is still plenty to be done.

“Corruption is deep in our society. Even with what the commission has done, it is merely a tip of the iceberg,” he said. “There is still a lot this commission has to hear.”

He said it would be “a disaster” if the commission was not granted an extension, because he would not be able to continue investigations or come with up with recommendations – expected to lead to the prosecution of those implicated and a possible conferring of amnesty to some witnesses who have assisted the inquiry, by revealing all on the scourge.

Upbeat about a possible granting of an extension, Zondo said no party or individual had so far opposed the application. Should he fail, the only other option left would be to approach President Cyril Ramaphosa.

He said the work of the commission was guided by Madonsela’s founding affidavit, which spelt out the objectives and mandate of the inquiry.

Calling for the probe to cover all state-owned enterprises, the infamous Gupta family and their allies, most of whom served in Zuma’s Cabinet, Madonsela – in her 2016 report to Zuma – recommended a commission of inquiry to be established, with the presiding judge being chosen by Chief Justice Mogoeng Mogoeng.

Said Madonsela: “One of the crucial elements of our constitutional vision is to make a decisive break from the unchecked abuse of state power and resources that was virtually institutionalised during the apartheid era.

“To achieve this goal‚ we adopted accountability‚ the rule of law and the supremacy of the constitution as values of our constitutional democracy.

“For this reason, public office bearers ignore their constitutional obligations at their peril.

“This is so because constitutionalism‚ accountability and the rule of law constitute the sharp and mighty sword that stands ready to chop the ugly head of impunity off its stiffened neck.”

– brians@citizen.co.za

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