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Zuma likely broke the law by getting Bosasa 'gratifications': Zondo report

State capture commission chair Raymond Zondo says there are 'reasonable grounds to suspect that Mr Zuma's conduct was in breach of his obligations as president under the Constitution' relating to Bosasa

01 March 2022 - 20:24
State capture commission chair Raymond Zondo on Tuesday handed over the third part of the commission's report. File picture.
State capture commission chair Raymond Zondo on Tuesday handed over the third part of the commission's report. File picture.
Image: Kopano Tlape

Former president Jacob Zuma “accepted gratification” from controversial state contractor Bosasa, which “held and sought to obtain contracts with government”.

As a result, he should be investigated for breach of the Prevention and Combating of Corrupt Activities Act (PRECCA).

This is one of the key findings in part 3 of the state capture commission’s report, which was officially handed over to the presidency on Tuesday.

The nearly 1,000-page document deals only with Bosasa, focusing not just on Zuma but on his close ally Dudu Myeni and members of his cabinet.

In the report’s recommendations, commission chair Raymond Zondo says that there are “reasonable grounds to suspect that Mr Zuma's conduct was in breach of his obligations as president under the constitution, in breach of his obligations under the Executive Ethics Code and in breach of legislation”.

“Having regard to the nature of the relationship between Mr Zuma and Bosasa, as revealed by the evidence, Mr Zuma placed himself in a conflict of interest situation,” the report reads.

He adds that Bosasa and its leaders “clearly provided inducements” in an attempt at “gaining influence over him”.

In particular, the report reads, this related to evidence that the company sponsored “lavish” parties for the former head of state.

It adds that there seems to be no “lawful authority or excuse for” for Zuma to have received the gratification.

“This is because Mr Zuma failed to provide evidence to the contrary to show a lawful authority or excuse for receiving the gratification, either at all or at a level that could give rise to a reasonable doubt. Indeed, he did not testify at all,” the commission report reads.

Zondo says this matter has been referred to the relevant authorities for further investigation “on the basis that there is a reasonable prospect that such further investigation will uncover a prima facie case in terms of … PRECCA”.

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