Africa-Press – South-Africa. There are three people mentioned in the Zondo report as being beneficiaries of state capture. Ezekiel Kekana writes that President Cyril Ramaphosa should act in accordance with the commission’s recommendations and ensure that those implicated have no place in his Executive when he reshuffles.
“The Commission made the fundamental point that persons who occupy positions in government must be people of integrity who conduct themselves ethically and in compliance with the law. Therefore, in exercising my powers with respect to Members of the Executive, I am required to consider the Commission’s findings, recommendations, and observations about particular individuals.”
These remarks were part of President Cyril Ramaphosa’s response last year to the recommendations of the state capture Commission.
The anticipated imminent Cabinet reshuffle offers the President the opportunity to implement the state capture commission’s recommendation by taking action against Ministers and Deputy Ministers who were implicated in the report. The pertinent question is: will he?
The Constitution is unambiguous in demanding that members of the Executive may not act in any way that is inconsistent with their office or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests, or use their position or any information entrusted to them, to enrich themselves or improperly benefit any other person.
Among those currently serving in Ramaphosa’s Cabinet whom the Zondo Commission identifies as warranting further investigation, and in respect of whom these Constitutional obligations are particularly compelling are:
Gwede Mantashe
Gwede Mantashe is the most senior Cabinet member mentioned in the state capture report as been a beneficiary of proceeds from now-defunct corruption-tainted facility management company Bosasa. Bosasa was at the heart of the state capture enterprise, the Commission describing it as “a business organisation that was heavily invested in securing tenders from particular government departments and organs of state.”
The Commission found that during his tenure as Secretary-General of the governing party, an influential position he held for over a decade, Mantashe received security upgrades in his private homes in both Eastern Cape and Gauteng from Bosasa. The Commission stated that Bosasa “sought to be able, through Mr Mantashe and the inducements and gain provided to him, to influence the leadership of those departments and organs of state.”
It recommended that “there is a reasonable prospect that further investigation will uncover a prima facie case against Mr Mantashe in respect of the offence of corruption in terms of section 3 of PRECCA” and referred the matter “for investigation.”
Mantashe has since filed court papers at the Johannesburg High Court to challenge the recommendations. But until that matter is finally determined, his implication in the Commission’s findings should render him ineligible for Executive appointment.
Zizi Kodwa
While Zizi Kodwa, like Mantashe, has stated his intention to challenge the state capture report recommendation relating to him, he too is implicated in the commission’s findings. The commission pointed to his enjoyment of free luxury rental accommodation paid via a gift from controversial businessman Jehan Mackay, whose EOH business had contracts with the government. In addition, Kodwa, now serving as the Deputy Minister of State Security, has never denied having received a “loan” from Mackay to purchase his personal vehicle in 2015.
While the motivation for Mackay to fund Kodwa’s luxury lifestyle and to “loan” him money could not be established by Chief Justice Raymond Zondo and his team, the Commission found that “it is untenable for the Deputy Minister of State Security to find himself in a position where he is beholden to a suspect in multiple investigations”, and recommended that the law enforcement agencies investigate the attempts by Mackay “to induce Mr Kodwa to interfere with procurement processes in the interest of EOH.”
The Commission specifically recommended that the President considers the position of Mr Kodwa as Deputy Minister of state security having regard to the fact that Mr Kodwa appears to find himself in a position where he is beholden to Mr Jehan Mackay.
Thabang Makwetla
Like Mantashe, Thabang Makwetla, who is the current Deputy Minister of Defence and Military Veterans, reportedly enjoyed handouts from Bosasa. In his previous role as Deputy Minister of Correctional Services, Makwetla received security upgrades at his private home. Bosasa installed CCTV cameras, an electric fence, and an alarm system at the cost of R300,000 at Makwetla’s private home.
The state capture report found it “scary” that Makwetla had failed to see a conflict of interest and recommended that this “matter be referred to relevant authorities for investigation and, if the National Prosecuting Authority so decides, prosecution.”
– Ezekiel Kekana is a researcher at HSF.
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