'Investigate Gigaba for corruption', based on ex-wife's evidence

This is a recommendation of the corrected state capture commission report

13 October 2022 - 21:39
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The corrected state capture commission of inquiry has recommended that law-enforcement agencies investigate former home affairs minister Malusi Gigaba with a view to charging him with corruption.
The corrected state capture commission of inquiry has recommended that law-enforcement agencies investigate former home affairs minister Malusi Gigaba with a view to charging him with corruption.
Image: Sandile Ndlovu

The  state capture commission has recommended that, based on allegations made by his estranged wife Nomachule Mngoma, former home affairs minister Malusi Gigaba be investigated with the view to possible prosecution.

Mngoma testified before the commission last year, implicating Gigaba in state capture —  allegations that Gigaba denied when he appeared before the commission.

This recommendation is one of many after the release of the corrected version of the state capture commission report this week.

The commission stated that the corrected version included an analysis of the evidence of both Gigaba and Mngoma last year and recommendations arising out of that evidence.

In the corrected report, the commission also recommended that law-enforcement agencies conduct investigations with a view to the possible prosecution of Gigaba on charges of corruption, in relation to cash payments received by him during visits to the Gupta residence in Saxonwold in or about 2013.

It recommended investigation, with a view to a possible prosecution of Gigaba on a charge of corruption and/or racketeering, to determine whether the Guptas gave Gigaba cash that was used to pay for his wedding and whether the Guptas paid for the trip taken by Gigaba and his wife to Dubai in 2014 or 2015.

These investigations must also determine whether the Guptas gave Gigaba cash that was used to effect renovations to his late father’s home in Mandeni in KwaZulu-Natal, whether the Guptas gave Gigaba R425,000 or more to pay off the debts of his sister in 2013, whether Ajay Gupta gave Gigaba two watches in Dubai during a trip there in or about 2013 to 2015, and whether the cash used by Gigaba to pay his children’s school fees emanated from the Guptas.

Mngoma testified that apart from 20 visits she and Gigaba made to the Gupta residence in Saxonwold between 2011 and 2014, she was told by Gigaba that the Guptas gave a cash donation towards the cost of their wedding in 2014 and their honeymoon in Dubai.

Mngoma estimated that the wedding cost between R4m and R5m and said that she paid all the expenses in cash given to her by Gigaba.

The commission said from an overall perspective, Gigaba disputed the vast majority of what Mngoma said.

The commission said Gigaba described Mngoma as having a creative imagination and being a pathological liar, and contended that she was a bitter spouse with her evidence being aimed at extorting a divorce settlement. Mngoma denied this allegation.

The commission said the one area where there was a degree of commonality between them related to Gigaba’s general relationship with the Guptas. It said on Gigaba’s own version, he had a long-standing association with the Guptas, having met them in the early 2000s while he was president of the ANC Youth League.

It said for at least the first decade of him being in government  between 2004 to 2014, he would visit the Gupta residence for cultural functions and social luncheons.

He did so on not more than 20 occasions, and never once for business, he said.

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