What's in it? 18 stories about the final state capture report you need to read

22 June 2022 - 21:11
By Kyle Zeeman
President Cyril Ramaphosa receives the final investigation report from chief justice Raymond Zondo at the Union Buildings in Pretoria on June 22 2022.
Image: REUTERS/Siphiwe Sibeko President Cyril Ramaphosa receives the final investigation report from chief justice Raymond Zondo at the Union Buildings in Pretoria on June 22 2022.

The fifth and final instalment of the state capture report was released on Wednesday evening, with several high-profile politicians and business people implicated.

It deals with, among other things, the controversial Vrede dairy farm project, former spy chief Arthur Fraser, the Gupta family, crime intelligence and alleged corruption at the State Security Agency. 

State capture inquiry chairperson chief justice Raymond Zondo presented the last part of the report to President Cyril Ramaphosa at the Union Buildings.

It follows previous reports released in January, February, March and April. 

The inquiry was expected to release the final instalment of the report at the end of April, but the Pretoria high court granted a six-week extension until June 15. This was also delayed by a week, sparking debate among politicians and the public. 

The report has implicated dozens of high-profile business people, companies, SOEs, politicians, cabinet ministers and former president Jacob Zuma

Here are stories you need to read about the fifth part of the report:

State capture inquiry chairperson chief justice Raymond Zondo presented the last part of the report to President Cyril Ramaphosa at the Union Buildings.
Image: Nolo Moima State capture inquiry chairperson chief justice Raymond Zondo presented the last part of the report to President Cyril Ramaphosa at the Union Buildings.

ANC WAS A BENEFICIARY OF STATE CAPTURE

The report slammed the ruling party and its leaders for their roles in aiding state capture related fraud and corruption. 

“It is necessary therefore to interrogate the role of the party in actively engaging in corrupt activities for its own gain, allowing corrupt activities to continue under its watch and failing to intervene to prevent or arrest such activities, creating the framework for corruption and state capture to flourish,” it read.

RAMAPHOSA SHOULD HAVE DONE MORE TO FIGHT STATE CAPTURE

Zondo found Ramaphosa preferred to look the other way at the early signs of state capture when he served as Zuma's deputy.

“The president readily acknowledges the existence of state capture as a co-ordinated project and has made much of his drive to right the wrongs of state capture. However, the question of what he knew is still somewhat opaque.

“Ramaphosa must have believed that the ruling party would not defend him in such a case and that the ANC would have protected a president who fired his deputy president for the crime of confronting corruption.”

RAMAPHOSA, ZUMA AND ANC STOOD BY WHILE PRASA WAS PLUNDERED

The report also found Ramaphosa and Zuma did little to protect the Passenger Rail Agency of SA (Prasa) board in their fight against acts of corruption.

“This board was on its own fighting corruption at Prasa. The then president Jacob Zuma gave it no support. The then deputy president of the ANC and of the country, now President Cyril Ramaphosa, gave it no support. Indeed, all the top six officials of the ANC gave it no support. The parliamentary portfolio committee on transport was openly hostile to this board,” it read.

'OVERWHELMING PROBABILITY' ZUMA KNEW GUPTA WEDDING PARTY INTENDED LANDING AT WATERKLOOF

Zondo found Zuma’s “admittedly close relationship” with the Gupta family meant it was likely he knew about plans for a private aircraft to land at Waterkloof military base and had no objections.

“Given how the Guptas flaunted [their] friendship with president Zuma, it is extremely unlikely that they would not have informed him about those plans and attempted to secure his support for their implementation,” said Zondo. 

HAWKS MUST INVESTIGATE ARTHUR FRASER FOR 'PRIMA FACIE CRIMINAL ACTIVITIES'

The report recommends the Hawks look at the possible reinstatement of an investigation into former spy chief Arthur Fraser that was dropped at the insistence of former intelligence minister Siyabonga Cwele.

“The resumption of the investigations should be reconsidered by the Hawks. It might be whoever were involved, including Mr Fraser, get absolved, but the investigations should be allowed to take their normal course,” Zondo said.

He recommended Fraser, former special ops boss Thulani Dlomo and ex-intelligence minister David Mahlobo be investigated for handling and distributing large sums of SSA money.

INVESTIGATE ACE MAGASHULE AND MOSEBENZI ZWANE CRIMINALLY FOR VREDE DAIRY FARM PROJECT 

Zondo also suggested suspended ANC secretary-general and former Free State premier Ace Magashule be investigated alongside known ally, former Free State agriculture MEC Mosebenzi Zwane.

It said the pair were pursuing the agenda of the Guptas when they aided the looting of millions of rand from the Vrede dairy farm project. This could lead to more charges against Magashule.

CHARGE FREE STATE AGRICULTURAL DEPARTMENT OVER THE PROJECT

The report found funds from the controversial project meant to uplift poor farmers went towards the Gupta family's lavish Sun City wedding.

“The project failed in its first two years of operation, not because of the media enquiries or the National Treasury investigation, as suggested by [former Free State agricultural department head Peter] Thabethe, but because of Thabethe’s incompetence or because he was carrying out the agenda of the Guptas and cared less about the taxpayers’ money and the black farmers.

“Apart from anything else, Thabethe must be held both criminally and civilly liable for his role in causing the department to lose millions of rand in taxpayers' money,” said Zondo.

CHARGE MUTHAMBI & MOTSOENENG FOR DUBIOUS DEALINGS WITH GUPTAS

Zondo also recommended the National Prosecuting Authority look at possible prosecution of former communications minister Faith Muthambi and former SABC boss Hlaudi Motsoeneng.

He said there was sufficient evidence to criminally charge Muthambi under the Prevention and Combating of Corrupt Activities Act over her relationship with those close to the Gupta family, and possibly enabling Motsoeneng to abuse his powers.

Motsoeneng was also found to have possibly contravened the Public Finance Management Act (PFMA) for his role in business dealings between the SABC and Gupta-owned company TNA Media.

ZUMA ENABLED GUPTAS TO FLOUT LAWS, WHILE DUDUZANE BENEFITED 

Zuma was in breach of the executive code of ethics with his involvement in the Gupta media house TNA Media and news channel ANN7.

The report found Zuma allowed the Gupta family to use their relationship with him to “facilitate and extend” their business interests, including the hiring of undocumented Indian nationals in the country illegally.

Zuma’s son Duduzane was a beneficiary of the relationship through his involvement in the news channel that did business with the SABC.

FRASER, MAHLOBO AND DLOMO AT THE CENTRE OF MUSANDA 'CRIME SCENE'

Zondo said Fraser, David Mahlobo and Thulani Dlomo were probably the most trusted henchmen of Zuma at the state security agency head office, Musanda.

He said the trio were instrumental in illegal activities that took place at the office, serving Zuma’s personal and political interests.

Mahlobo was implicated in having collected large sums of cash under the guise of an operation, allegedly bound for Zuma.

STATE CAPTURE WAS AN ASSAULT ON DEMOCRACY: RAMAPHOSA

Ramaphosa praised former public protector advocate Thuli Madonsela, saying her own state capture report led to the formation of the  Zondo commission.

Speaking at the handover of the final part of the report, Ramaphosa said: “State capture was an assault on our democracy and violated the rights of every man, woman and child in this country.

“Through the various reports released by the commission, we have come to understand what happened, who was involved, and what effect state capture has had on our state, our economy and our society.”

PRESIDENT MUST BE ELECTED DIRECTLY BY THE PEOPLE

Zondo recommended the electoral system be reformed to allow citizens to choose their own president.

"We are bound to ask the question: how did this country end up having as president someone who would act the way President Zuma acted?

"There may have been voters who voted for the ANC but who would never have voted for Mr Zuma as president if they had an opportunity not to vote for Mr Zuma and still vote for the ANC,” he said.

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