Government departments, state security cluster frustrates state capture inquiry 

The long-awaited state capture inquiry kicked off its first hearing on Monday in Johannesburg, with the inquiry hearing various inefficiencies created by various state organs in the inquiry’s work. 

Deputy Chief Justice Raymond Zondo, who is chairing the inquiry, said some government departments and state organs, among them National Treasury and State Security Agency (SSA), have been uncooperative in assisting the inquiry.

An impasse has emerged between SSA and the inquiry over the necessary top security clearance of some of the commission’s investigators, legal team and other employees. This matter, said Zondo, has not been sorted despite the inquiry’s start on Monday.

“As of Thursday, there has not been much that security agencies have done in expediting the process of providing security clearance,” said Zondo. 

He has asked President Cyril Ramaphosa to intervene in the processing of security clearance for members of the inquiry team, as it has delayed the inquiry getting off the ground. Zondo has also asked finance minister Nhlanhla Nene to intervene in his request for the National Treasury to assist the inquiry. “Nene has been helpful,” he said.

Zondo does not believe that the delays and inefficiencies are a deliberate attempt to sabotage or hamper the inquiry’s work and progress. 

He implored government officials and those implicated in the corrosive state capture project to provide evidence to the inquiry. “The inquiry depends on the cooperation of government departments. [Not cooperating with the inquiry] doesn’t help the inquiry or the country in finding solutions and dealing with corruption and state capture.”

The public’s response to the inquiry has been “quite disappointing”, with the public not submitting evidence to the inquiry or attending it.

The commission was established by former President Jacob Zuma in January 2018.

The commission is mandated to look at corruption and fraud at various state organs in which high-profile politicians, including Zuma, have been directly or indirectly implicated, as highlight by former public protector Thuli Madonsela in the State of Capture report. 

The inquiry is guided by the report, which was released in 2016, in which one of its remedial action was for the inquiry to be instituted. 

The inquiry’s head of legal team Paul Pretorius said the first issue that the inquiry will deal with is ministerial appointments and dismissals at various organs of state, with several key witnesses expected testifying at the inquiry.

Among the witnesses are former deputy finance minister Mcebisi Jonas and former ANC MP Vytjie Mentor. Both have said they were offered key ministerial positions by members of the Gupta family.  Arguably Jonas’s case was the most audacious.

In late February 2016, Jonas issued a statement claiming that the Gupta family had met with him and had offered him the position of finance minister – prior to finance minister Nhlanhla Nene, being fired. The Guptas also allegedly offered to pay Jonas R600 million if he agreed to follow orders relating the the procurement of a R1 trillion nuclear deal.

The Guptas have rejected all allegations of wrongdoing. 

Zondo said the duration of the inquiry would be guided by the evidence submitted. The North Gauteng High Court in Pretoria recently granted Zondo’s request for an order to extend the inquiry for a further two years.

The inquiry will also hear submissions from National Treasury official Ndleleni Willie Mathebula, former ANC MP and parliamentary caucus chairperson Mabel Petronella Mentor, former Business Leadership South Africa director of communications Themba Maseko and government communications Deputy Director-General Phumla Williams.