State capture reports: Here's what the SIU has in its sights after Zondo's investigations

  • The SIU is investigating cases coming from the Zondo Commission reports.
  • The investigating unit has identified several matters relating to state-owned entities.
  • The SIU joins the NPA in taking up state capture investigations, while the ANC blocks Parliament from doing the same.

The Special Investigations Unit (SIU) is also getting in on the action to get state capturers behind bars, and recover some loot.

The SIU presented their annual performance plan to the Portfolio Committee on Justice and Correctional Services on Wednesday.

Before SIU head Andy Mothibi could present the part of their presentation dealing with the Zondo Commission's reports to the committee, he was cut short by committee chairperson Bulelani Magwanishe due to time constraints.

READ | Mkhwebane hits out in full-throttled attack on ConCourt, charges there is a grand plot against her

The presentation states that the SIU is considering a number of areas coming out of the State Capture Inquiry reports:

  • Identify matters that are highlighted by the report and are covered by the issued proclamations, and those that are not covered;
  • Identifying matters where civil litigation for cancellation of contracts and recovery is underway and those matters where SIU will institute civil litigation;
  • Holding officials, executives and directors to account based on evidence and findings;
  • Making referrals to NPA where the evidence points to a criminal offence;
  • Referrals of evidence to state institutions for disciplinary action;
  • Collaborate with other law enforcement agencies on common matters; and
  • Blacklisting of companies and directors. and referrals to other Regulatory Authorities.

"The SIU constituted a committee, chaired by the Head of SIU, to consider the first three parts of the State Capture report and identified matters that will be further investigated to ensure that there is sufficient evidence to proceed," reads the presentation.

The SIU will also consider the most recently released fourth part of the report, particularly as it pertains to troubled state power utility Eskom.

"The SIU has extensive Eskom investigations, and there are already outcomes in this regard," reads the presentation.

READ | 'Razor-sharp focus': NPA to prosecute 9 'seminal' state capture cases within next 6 months

From the first part of the report, the SIU has identified nine matters on South African Airways and South African Express Airways. Also, from part one, the SIU has identified a South African Revenue Service related matter that "could lead to civil litigation".   

"The SIU has also identified three potential civil matters, mentioned in passing in Part 1, relating to City of Johannesburg, the Asbestos project (where civil litigation has already been instituted) with contract value of R255m and the Estina Dairy Project," reads the presentation.

From the second part of the report, the SIU identified 11 matters dealing with Transnet, and three potential civil matters relating to Denel.

"SIU Civil Litigation Team is considering the reports and investigations outcomes for further civil litigation matters," reads the presentation.

SIU head, advocate Andy Mothibi.

Furthermore, from the second part of the report, the SIU investigates SAA, Denel, Transnet and the now-defunct Gupta-owned The New Age media company, who received money from government departments to host breakfast events.

From the third part, they are investigating state-owned enterprises Eskom and Alexkor.

READ | ANC MPs defy Ramaphosa's apparent nod for Parliament to tackle Zondo report

The previous day, the National Prosecuting Authority (NPA) informed the same committee that its Investigating Directorate (ID) intends to prosecute nine "seminal" corruption cases related to state capture within the next six months.

National Director of Public Prosecutions Shamila Batohi said the nine prioritised cases were "seminal cases that will talk to the heart of state capture".

The ID has declared 82 investigations and enrolled 20 cases, with 65 accused. And it has prioritised nine corruption matters for enrolment within the next six months.

Dealing with state capture cases will be the NPA's main focus this coming year.

Batohi said:

We are determined to ensure that those implicated in state capture are held to account. This will rebuild public confidence, which is closely linked to investor confidence and also to economic growth, which will help the poorest and the most vulnerable in our country and also deal with the increasing inequality gap in South Africa.

While the SIU and NPA are taking action as the reports are published, Parliament dithers. This is due to the ANC refusing to deal with the commission's findings pertaining to Parliament before President Cyril Ramaphosa tables the whole report, expected in mid-October.

This is despite Ramaphosa expressing his "appreciation that Parliament will need to engage in its own process on the recommendations that affect it directly, and shares this portion of the report, and any other portions thereof with similar contents, to assist in this work", in a letter to the National Assembly.

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