One can say at last it appears that 3 years (or is it 4) hard work by Raymond Zondo and his legal team is coming to light.
But I have one very important question to ask. On the list of perpetrators of State Capture, WHY is Zuma, by far the most serious and greater criminal NOT on the list of RECOMMENDED prosecutions???
Is it because even Zondo having great difficulty in the past in nailing this slippery scumbag is fearful to raise this issue again?
We seem in SA to put full effect in prosecuting the smaller criminals and selecting pawns and scapegoats...and NO I'm not inferring that those on the list are minor...they are indeed not but by comparison to Zuma...his crimes are huge. In China, he would face the lethal injection...he has brought this country so far down and continues to evade justice.
Our whole hypocritical justice system is incredibly weak and ineffective...it indeed "strains at gnats and swallows huge camels"
Mike, look at the list in firing line:
The first volume of the report advises the NPA to “consider” – and in some places, “seriously consider” – prosecutions against about 20 individuals and firms implicated in State Capture around South African Airways (SAA), the Guptas’ The New Age newspaper sponsorship, and the South African Revenue Service (SARS).
Here follows a summary of Judge Zondo’s recommendations thus far:
1. SAA
People or companies the NPA should consider prosecuting for fraud or corruption:
- Former SAA chair Dudu Myeni
- “The individuals” responsible for securing millions of rands “for the personal benefit of Ms Myeni and the Jacob Zuma Foundation”.
- JM Aviation directors and members of the board of SAA Technical (Saat)
- Vuyo Ndzeku, former JM Aviation director
- Yakhe Kwinana, former SAA board member
- Lindelwa Mbanjwa, Kwinana’s lawyer
- Nontsaka Memela, former Saat procurement head
- Phetolo Ramosebudi, former Acsa group treasurer
- Eric Wood, Regiments director
- Niven Pillay, Regiments executive
- Phumeza Nhantsi, former SAA CEO
- Vivien Natasen, director of Neo Solutions
- Swissport
- Daluxolo Peter, businessman
- Vuyisile Ndzeku, former JM Aviation director
- Lester Peter, SAA former head of procurement
- Officials at the North West Department of Transport
- Mr Indheran Pillay, Regiments executive
- Mr Tewedros Gebreselasie, Regiments executive
- Moss Brickman, Nedbank head of credit and international derivatives
- Mario Visnenza, Nedbank executive
- Nedbank
Professional bodies asked to sanction members:
- The Legal Practice Council should investigate Nontsasa Memela and Lindelwa Mbanjwa with a view to potentially removing them from the legal roll.
- The South African Institute of Chartered Accountants (Saica) should investigate whether Yakhe Kwinana is “fit and proper” to practise as a chartered accountant.
Attempts to recover funds:
- Asset Forfeiture Unit (AFU) to recover funds paid to and by Regiments Capital
- AFU to investigate recovering Nedbank’s profits under interest swap contracts with Regiments
- AFU to recover any other amounts “that constitute the proceeds of unlawful activities”
Other important recommendations:
- Parliament should consider extending the time limit on declaring delinquent directors. This currently stands at two years, but if extended could allow Dudu Myeni and Yakhe Kwinana to be declared delinquent even retrospectively.
- The president should ensure that the State Security Agency does not have its services abused to serve certain agendas.
- Auditor-General’s office needs more money to audit SOEs so that it can, ideally, undertake this work without involving private audit firms.
Key Quote:
“President Zuma fled the Commission because he knew there were questions that would be put to him that he would not have been able to answer.”
Read a full account of the SAA-related findings here: https://www.dailymaverick.co.za/article/2022-01-05-state-capture-inquiry-recommendations-npa-urged-to-probe-dudu-myeni-and-other-saa-top-brass-for-criminal-activity/
2. SARS
People the NPA should consider prosecuting:
- Former SARS head Tom Moyane, with perjury relating to his “false evidence” to Parliament.
- Individuals involved with the awarding of contracts to Bain & Co, with corruption.
Other important recommendations:
- All Bain’s contracts with government should be re-examined.
- The SARS act should be amended to make the SARS Commissioner appointment process more transparent.
Key Quote:
“The only feasible conclusion is that [SARS] was deliberately captured and President Zuma and Mr Moyane played critical roles in the capture of SARS and dismantling it.”
3. The New Age
People the NPA should consider prosecuting:
- Rajesh “Tony” Gupta, on the basis of evidence from former SAA CEO Vuyisile Kona that Gupta offered him a bribe initially of R100,000 and later R500,000, which Kona rejected.
- Former Transnet CEO Brian Molefe for fraud “and/or contravention of the PFMA [Public Finance Management Act]”.
- The 2015 Eskom board members should be investigated before determining potential charges against them.
- Former Eskom CEO Collin Matjila – who insisted Eskom enter into a long-term contract with The New Age – for fraud “and/or contravention of the PFMA”.
Key Quote:
“The evidence before the Commission paints a picture of a calculated strategy by the Guptas to appropriate public funds from state-owned enterprises.”
.