As the bell sounded on the fifth and final damning report into collusion to capture SA, allegedly with the wilful participation of former president Jacob Zuma, politicians, state-owned entity (SOE) executives, ANC officials and business people, we look at the recommendations of chief justice Raymond Zondo and actions, if any, which have so far been taken against some of the main individuals implicated therein.
FORMER PRESIDENT JACOB ZUMA
Zondo recommended in part three of the state capture report that Zuma be investigated for possible prosecution for racketeering and corruption regarding R41bn in Transnet tenders awarded to Gupta-linked companies.
The corruption allegedly occurred after Zuma reportedly insisted that former Transnet Freight Rail CEO and alleged Gupta ally Siyabonga Gama be reinstated to his post. Gama was dismissed for alleged financial improprieties.
The Transnet tenders would eventually equate to more than 72% of government contracts allegedly linked to state capture.
Zuma, who was jailed for failing to appear before the state capture commission, is fighting a corruption trial in the Pietermaritzburg high court regarding the arms deal and alleged financial kickbacks he received from his then financial adviser Schabir Shaik. He is yet to be charged for state capture.
His imprisonment led to eight days of deadly protests in July 2021, which left 354 people dead in KwaZulu-Natal and Gauteng.
In the final instalment of the state capture report, Zondo found that Zuma was in breach of the executive code of ethics by involving himself in the formation and running of the Gupta media house TNA Media and news channel ANN7.
Regarding the landing of the Gupta aircraft at Waterkloof airforce base, Zondo said it was extremely unlikely that Zuma had not been involved.
DUDUZANE ZUMA
On Duduzane Zuma, Zondo said it was a known fact that the former president’s son was in business with the Guptas and Zuma senior was indebted to the family because they gave his son a job when nobody was willing to employ his children.
It recommended the police investigate if he had facilitated acts of corruption or bribery.
THE GUPTA BROTHERS, RAJESH and ATUL
Zondo has recommended Rajesh Gupta be criminally prosecuted for attempting to bribe former deputy finance minister Mcebisi Jonas with R600m. He allegedly offered the deputy minister the position of finance minister if he cooperated with the family.
Rajesh and Atul were arrested in Dubai on an Interpol red notice on June 2 on charges of fraud and money-laundering. The charges are linked to the R24.9m Nulane Investment scam which was linked to the Free State Estina Dairy farm project to uplift indigent farmers. Money from the scam allegedly found its way into the Guptas coffers.
Zondo also recommended that the Guptas be investigated criminally for their role in the Free State Vrede dairy farm project along with their associate Ashok Narayan.
ARTHUR FRASER
In the final instalment of the report, Zondo recommended the Hawks revisit an investigation into former spy chief Arthur Fraser that was dropped at the insistence of former intelligence minister Siyabonga Cwele.
According to Zondo, it might well be that Fraser will be absolved by the investigation but added that dropping the probe before it could take off was not on.
The investigation the Hawks dumped, Zondo observed, was from the PAN report which raised a red flag of prima facie criminal activities on the part of Fraser.
He said Fraser, David Mahlobo and Thulani Dlomo were probably the most trusted henchmen of Zuma at the state security agency head office, Musanda.
The trio, Zondo found, were instrumental in the many illegal activities that took place at Musanda — also known as “the farm” — at the expense of national security but in service of Zuma’s narrow personal and political interests.
If Fraser, Mahlobo and Dlomo were not siphoning money out of the farm for bogus operations, Zondo contended, they were circumventing internal processes such as vetting and others.
CURRENT AND FORMER GOVERNMENT MINISTERS
MOSEBENZI ZWANE
Multiple damning findings were made against the former minerals and energy minister and ex-Free State human settlements and agriculture MEC. These include:
- Free State asbestos roof scandal: Zondo recommended Zwane, who at the time of the scandal was the Free State housing MEC, be investigated for possible prosecution for his role in approving and implementing an advance payment scheme in the scandal.
- Glencore scandal: Zondo referred to him as a Gupta minister for his role as a middleman between representatives of Glencore and the Guptas in buying the company’s Optimum Coal Mine. Zwane travelled to Switzerland in 2015, where he introduced then Glencore CEO Ivan Glasenberg to Gupta associate Salim Essa to help the Guptas acquire the mine.
- In the final instalment of the state capture report, Zondo slammed Zwane and called for criminal charges to be laid against the former Free State agricultural department head Peter Thabethe for the Vrede dairy project.
The erstwhile minister is yet to be criminally charged or prosecuted.
LYNNE BROWN
Zondo described the former public enterprises minister as being loose with the truth regarding her communications with the Guptas and Essa. His findings related to the family capturing Eskom and Denel, and lucrative contracts linked to the entities.
While he said Brown helped the Guptas capture SA defence manufacturer Denel and Eskom, he stopped short of recommending she be criminally investigated and prosecuted.
MALUSI GIGABA
In his findings against the former public enterprises minister, Zondo recommended he be investigated for possible corruption and racketeering in connection with cash payments he received between 2010 and 2018 from the Gupta home in Saxonwold, Johannesburg.
Gigaba is yet to be criminally charged or prosecuted.
GWEDE MANTASHE
Zondo has recommended the minerals and energy minister be investigated for corruption regarding his dealings with now deceased Gavin Watson and his company, African Global Operations (Bosasa). Mantashe allegedly secured security upgrades to his homes in Gauteng and the Eastern Cape thanks to Bosasa while he was ANC secretary-general. Bosasa secured multiple lucrative government contracts.
Mantashe has yet to be criminally charged or prosecuted.
NOMVULA MOKONYANE
Zondo said law-enforcement authorities were likely to uncover prima facie evidence of corruption in how Watson and Bosasa, among other things, allegedly paid for Mokonyane’s 40th birthday party and spent thousands of rand on groceries for her and family for Christmas to secure department of correctional services contracts.
He recommended the disgraced former communications minister and ANC stalwart be prosecuted for corruption regarding her dealings with Watson and Bosasa, which secured multi-billon-rand government contracts.
Mokonyane is yet to be criminally charged or prosecuted.
VINCENT SMITH
After testimony about his involvement with Bosasa, payments towards his daughter’s overseas tuition fees and his links to alleged money laundering, tax fraud, corruption and violation of the Financial Intelligence Centre Act (Fica), the former MP and head of parliament’s portfolio committee on correctional services is being prosecuted.
The tax charges stem from Smith and his company Euro Blitz’s failure to disclose R28m in taxable income earned between March 2009 and July 2018. The corruption charges relate to R800,000 in security upgrades to his home, which he allegedly received from Bosasa.
Smith also faces corruption charges for allegedly receiving gratifications from Waterfall Golf Estate and CLIDET 69, and accepting cash transferred into his bank account and that of his company from Bosasa.
ZIZI KODWA
While no evidence of impropriety around influencing tender awards was found, Zondo said the deputy state security minister was beholden through a R1.7m loan to a senior EOH executive who, if the commission’s recommendations were implemented, would face multiple criminal investigations.
Zondo recommended President Cyril Ramaphosa consider his post.
Kodwa is still state security deputy minister.
THE ANC MEMBERS
CEDRIC FROLICK
Zondo found Frolick allegedly acted as a facilitator between Smith and Bosasa, reportedly receiving cash payments for his efforts. The chief justice recommended Frolick, parliament’s house chairperson for committees, be investigated and possibly prosecuted for fraud, corruption and money laundering.
In May, Frolick was referred to parliament’s ethics committee for investigation.
ACE MAGASHULE
No recommendations for prosecution were made by Zondo against the suspended ANC secretary-general regarding the R255m Free State housing asbestos roof scandal.
However, Magashule and his 15 co-accused face fraud, theft, money laundering and corruption charges in Free State courts for his alleged involvement in the scandal.
In the final instalment of the state capture report, Zondo said Magashule pursued the agenda of the Guptas by aiding the looting of millions of rands from the Vrede Dairy Project.
And for that, he should be subjected and they should be investigated for possible criminal conduct.
Zondo also recommended that lifestyle audits be conducted on all senior managers and executive authorities involved in the Vrede Dairy Farm project.
SOE EXECUTIVES
DUDU MYENI
Zondo recommended the former SAA chairperson be charged with fraud for lying to the then public enterprises minister about certain decisions taken by the airline’s board. The alleged misrepresentation of the board’s decision saw SAA reportedly suffer nearly R800m in financial losses.
A warrant of arrest was issued for Myeni in May, with the commission laying a criminal complaint against her for divulging the identity of a key witness known as Mr X.
BRIAN MOLEFE
For his role in helping to capture Eskom and Transnet, Zondo recommended Molefe, who was the CEO of the entities, be prosecuted for fraud, corruption and racketeering. For misleading Transnet’s board on the R38.6bn tender to procure the 1,064 locomotives, Molefe should be prosecuted for contravening the Public Financial Management Act (PFMA). Zondo also recommended Eskom try to recoup some of the monies it lost through Molefe’s actions from its former CEO.,
Molefe is yet to be criminally charged or prosecuted.
ANOJ SINGH
Zondo recommended the former Eskom CFO be investigated and potentially prosecuted for corruption, fraud and financial misconduct regarding the Guptas’ Optimum Coal Mine deal.
He has yet to be criminally charged or prosecuted.
Zondo also recommended the former Transnet CFO be prosecuted for contravening the PFMA and fraud for misleading Transnet’s board on a tender to procure the 1,064 locomotives.
Criminal charges have yet to be instituted against Singh.
MATSHELA KOKO
Zondo recommended the former Eskom CEO be investigated and possibly prosecuted for his role in the questionable sale of Glencore’s Optimum Coal Mine to the Guptas.
Koko has yet to be criminally charged or prosecuted.
TOM MOYANE
Zondo recommended the disgraced SARS commissioner be charged with perjury for allegedly lying in parliament about his sanctioning of the appointment of New Integrated Credit Solutions. The company was owned by a friend of his.
Moyane has yet to be criminally charged or prosecuted.
THE BUSINESS EXECUTIVES
ANGELO AGRIZZI
Zondo recommended the former Bosasa COO be charged for money laundering and corruption for allegedly bribing Smith for his influence as then chairperson of parliament’s oversight committee on correctional services.
Agrizzi is on trial in the Palm Ridge magistrate’s court.
SALIM ESSA
Zondo recommended that the Guptas’ ally, through his then company Trillian, be investigated for racketeering for allegedly channelling more than R7bn in kickbacks to the family. The recommendations relate, in part, to the Guptas’ purchase of Optimum Coal Mine.
Essa is yet to be criminally charged or prosecuted
KUBEN MOODLEY
Zondo recommended the Gupta associate be criminally investigated and prosecuted for corruption and violating the PFMA. In 2015 he allegedly received R74m in Transnet money for work that was apparently not done.
Moodley was arrested last month regarding the money, which he received from Trillian. The company was paid R93m by Transnet for services the SOE had already paid another entity for.
Moodley and his co-accused are due to appear in the Palm Ridge Specialised Commercial Crime Court on July 13.
EDWIN SODI
Zondo recommended the Johannesburg-based businessman be prosecuted for his role in the R255m Free State asbestos scandal.
Sodi is on trial in Bloemfontein with 15 co-accused.
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