#StateCaptureReport: Key players, violations and what’s next

2016-11-03 13:22
(Public Protector's office)

(Public Protector's office)

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Cape Town - Former Public Protector Thuli Madonsela on Wednesday released a 355-page "state capture" report she compiled while still in office. Here is a summary of who was involved, what may have been contravened and what happens next...

The laws, codes and regulations that may have been violated:

The Constitution

  • The Executive Ethics Code
  • Prevention and Combating of Corrupt Activities Act (Failure to verify allegations of state capture could see a fine or maximum jail sentence of 10 years in a High/Regional Court and three years in a Magistrate’s Court)
  • Public Finance Management Act (Disciplinary steps by a board or a fine/maximum jail term of five years for criminal conviction)
  • National Environmental Management Act (Contravention in handling rehabilitation funds could see a fine not exceeding R10 million or maximum of 10 years in jail, or both)
  • Income Tax Act (Failure to treat rehabilitation fund in prescribed manner and for prescribed purpose means income tax imposed on the mining company and/or rehabilitation fund)
  • The King III report on good corporate governance

DOWNLOAD the full state capture report here

The key players highlighted in report:

  • President Jacob Zuma, his son and Mabengela Investments director Duduzane Zuma,
  • Eskom CEO Brian Molefe,
  • Atul and Ajay Gupta,
  • Public Enterprises Minister Lynne Brown,
  • Cooperative Governance Minister Des van Rooyen,
  • Mineral Resources Minister Mosebenzi Zwane
  • Who blew the whistle, who spoke out and who didn’t:

Whistleblowers:

  • Deputy Finance Minister Mcebisi Jonas,
  • former MP Vytjie Mentor and
  • Former GCIS head Themba Maseko (All interviewed).

Who was interviewed:

Zuma, Mentor, Jonas, Maseko, Former Public Enterprises Minister Barbara Hogan, Former Finance Minister Nhanhla Nene, Finance Minister Pravin Gordhan, Trade and Industry Minister Rob Davies, EFF leader Julius Malema, former security guard at Gupta home John Maseko, security guard at Gupta residence Mjikijeli Kheswa, Ajay Gupta, businessman Fana Hlongwane and Sports Minister Fikile Mbalula.

Who declined:

ANC Youth League president Collen Maine.

What happens next? (barring further court challenges)

  • Copies of Madonsela’s report will be handed over to the National Director of Public Prosecutions Shaun Abrahams and Hawks head Lieutenant-General Berning Ntlemeza,
  • Parliament must review, within 180 days, the Executive Members’ Ethics Act to provide better guidance on integrity,
  • Zuma must establish a commission of inquiry to investigate the issues further within 30 days, with adequate funding from treasury,
  • Chief Justice Mogoeng Mogoeng, not Zuma, must chose a judge to chair the commission,
  • Commission must hand over report with findings and recommendations to Zuma within next six months,
  • Zuma must submit a copy with his intentions on implementation to Parliament 14 days after that,
  • Public Protector must notify the NPA and Hawks on possible crimes that have been committed.

    Read more on:    public protector  |  state capture  |  politics

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