Zondo commission’s Report and Implications on the Fight against Corruption

By: Dr. Olusola Bodede

In January 2018, a Judicial Commission of Inquiry into Allegations of State Capture also known as Zondo’s commission or State capture commission was constituted to, among other things, find out, investigate and make recommendations on allegations concerning state capture, corrupt practices and fraudulent activities in the public sector. During the first sitting of the commission in August 2018, it was revealed that Jacob Zuma (who had resigned earlier and had been replaced by President Cyril Ramaphosa), his son, Duduzane Zuma and the Gupta family were implicated in the state capture corruption allegation. Acting chief justice, Raymond Zondo who was the chair of the judicial commission of inquiry into state capture gave the first section of the three-part report to the South African president, Cyril Ramaphosa. The report was handled transparently as it was soon made available to the public after its submission. Part of the findings, as documented by BBC News showed that Jacob Zuma’s nine year term was characterized by nepotism which saw Zuma favouring his close allies at the expense of key personnel in lucrative government enterprises. In one of his defence during the hearing, Zuma agreed of having a cordial relationship with Gupta brothers, but insisted it was just a friendly relationship and has nothing to do with corruption. About 16 months after the first appearance of Zuma, a criminal charge was laid against him in which he didn’t appear to clear the allegations. Constitutional court was defiled by Zuma for refusing to appear before Zondo’s commission of enquiry. The non-appearance of Zuma was classified as contempt of court and a 15 month imprison sentence was handed down to him on 7th July 2021. This led to unrest and widespread looting in Gauteng and KwaZulu-Natal provinces between 9th to 17th July 2021.

The findings of Zondo’s commission of enquiry is expected to be released in three parts with the first part already released which focussed on corruption within the state-owned South African Airways, findings relating to the Gupta family, South African Revenue Service and recommendations to reform the government procurement system. Part two and three are expected to be released by end of January and February 2022, respectively.

During Zuma’s term in office, multiple incidents of state capture was discovered to have taken place involving South African government departments and state-owned enterprises. During this period, top senior officers were found to have repeatedly broken the law.

Some of the discovery showed that: a lot of damages were caused to SAA Company following the appointment of Dudu Myeni as chairperson of SAA by Zuma; SARS was “captured” by both Moyane and Zuma. Moyane was the SARS commissioner at that time; Gupta’s New Age Newspapers was unduly favoured through advertisement of contracts; ANC and Zuma’s political allies were direct beneficiary of the extensive corruption in SARS and SAA among others.

Findings from Zondo’s commission report is expected to influence the fight against corruption one way or the other. This is because the perception of the public about the findings and recommendations from its report are very important and will go a long way if corruption would be eradicated in South Africa.

Implications of Zondo’s report on the Fight against Corruption

According to the Organisation Undoing Tax Abuse which was documented in Mail & Guardian, Zondo’s commission report is expected to give new energy to the fight against corruption in South Africa.

Some of the implications of Zondo’s commission report on the fight against corruption include the following:

• It will serve as deterrent: Zondo’s commission report is expected to serve as deterrent to other political gladiators who may want to “capture” the state in the nearest future. The transparent way the Zondo’s commission of enquiry handled the corruption investigation under Zuma’s regime showed that there is no sacred cow when it comes to liberating the economy of South Africa from few individuals who are unduly benefitting from the commonwealth of the nation. In the Zondo’s commission report (first part), all the indicted personalities were recommended for one trial or the other. For instance, Myeni was recommended to be charged with corruption within SAA, Brian Molefe and Collin Matjila was recommended to face criminal charge for facilitating Gupta corruption, Kwinana was to be investigated by South African Institute of Chartered Accountants. All these are expected to discourage corrupt practices. Call for prosecution of those implicated has also come from opposition political parties such as John Steenhuisen who is the leader of Democratic Alliance. In his words as quoted from Mail and Guardian, “The DA will ensure that Judge Raymond Zondo’s findings are implemented. South Africans deserve justice for the estimated R1-trillion looted through ANC corruption over the past decade and the subsequent decline of our country and its people in the shadow of political greed”.
• It will earn public trust: It takes time to build public trust by political leaders in government, but when it is built, it stands until it is compromised again. When Zondo’s commission was been inaugurated in 2018, some had pre-emptied the outcome since the sitting government under the leadership of President Ramaphosa belongs to the same political party – ANC as former president Zuma was being investigated. The submission of the first part of the report which almost immediately gets into public domain, shows an element of transparency that there is still hope for the less privileged in the society. The simultaneous access to the findings by the masses and the recommendations in the Zondo’s commission report is expected to build the confidence of the populace in the state institutions and by extension help in the recovery plan by the South African government.
• It will ensure a corrupt free society: The Zondo’s commission report is expected to send strong signal to senior officials who have tendencies of corrupt practices. All South Africans have been urged by the commission report and president Ramaphosa to report any act of mismanagement or corrupt practices to authorities and private whistle-blower platforms. Part of Zondo’s suggestion was to, among other things, enhance transparency by amending political party funding act and also enact laws that can redefine public procurement processes. According to him, “criminals had exploited weaknesses and flaws in the system to cause lasting damage to the economy”. He also recommended the establishment of an independent Public Procurement Anti-Corruption Agency (PPACA), which would serve as “an independent body subject only to the constitution and the law within the Republic.
• It will improve the socioeconomic status of the masses: Corruption and abuse of power are among major factors contributing to the increase in unemployment rate, thereby worsening inequality among the populace. When the nation’s resources are not well managed, it could lead to socioeconomic crisis resulting in poverty, low standard of living and criminal activities. Recommendations in the Zondo’s commission report is expected to boost the socioeconomic status of the less privileged in the society as many of the looted resources are expected to be recovered by the anti-corruption agencies and Asset Forfeiture Unit.

In conclusion, Zondo’s commission report has revealed extensive corrupt practises under Zuma administration.  Multiple incidents of state capture was found to have taken place involving South African government departments and state-owned enterprises. Zondo’s commission report has further brightened the hope of the common man on the readiness of South Africa to fight corruption. This was evident in some of his recommendations and the readiness of president Ramaphosa to implement them in the fight against corruption. Part of the recommendations also made proposal for the establishment of an independent agency to protect whistle blowers and combat corruption in public procurement.

Dr. Olusola Bodede is a postdoctoral researcher. He writes in his personal capacity.