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42-673: The Judicial Commission of Inquiry into Allegations of State Capture , Corruption and Fraud in the Public Sector including Organs of State , better known as the Zondo Commission or State Capture Commission , was a public inquiry established in January 2018 by former President Jacob Zuma to investigate allegations of state capture , corruption , and fraud in the public sector in South Africa . By December 2020,

84-541: A formal finding that the project will produce public benefit. This procedure was established by the law on expropriation enacted on 7 July 1833, which extended an earlier law enacted in 1810. A number of historically important public inquiries have taken place in South Africa since the advent of full democracy in 1994. A number of which have looked into national scale events such as systematic human rights abuses during apartheid or wide scale corruption . In

126-412: A fraction of these requests. The political decision whether to appoint a public inquiry into an event was found to be dependent on several factors. The first is the extent of media coverage of the event; those that receive more media interest are more likely to be inquired. Second, since the appointment of a public inquiry is typically made by government ministers, events that involve allegations of blame on

168-435: A government, and tend to lose credibility when they find no fault on the part of the government. In France, any major project which requires the compulsory acquisition of private property must, before being approved, be the subject of a public inquiry (usually by the prefect of the region or department in which the project will take place); the favourable outcome of such an inquiry is a déclaration d'utilité publique ,

210-671: A number of African National Congress (ANC) political activities. This confirmed previous testimony given by the Former Chairperson of the High-Level Panel of Review into the SSA, Sydney Mufamadi. Jafta stated that at least R 9 billion (roughly equivalent to US$ 758.7 million) of the SAA's fixed assets were "not to be found and that R125-million could not be accounted for in the 2017/18 financial year." Prior to Jafta's testimony

252-436: A spy involved in a conspiracy against him. During the third day of Zuma's testimony he accused the commission of being biased against him and threatened to withdraw his cooperation. On the fourth day, Zuma's legal team announced that it would be withdrawing from the commission, but later the same day announced that he had changed his mind and would return to give additional testimony at a later date. Following Zuma's testimony to

294-404: Is responsible for financing the commission – lodged, and then withdrew, a legal challenge to the application for an extension. Another extension was granted to the commission on 28 December, giving it until 28 February 2022 to hand over the report to Ramaphosa. The first part of the report was handed over to Ramaphosa on 4 January 2022. The second part was handed over on 1 February. On 23 February,

336-519: The South African State Security Agency (SSA) made national headlines for the amount of state funds used irregularly, breadth of controversial clandestine activities, and overt support the agency gave to president Zuma during his presidency. The acting director-general of the SSA, Loyiso Jafta, testified that it was highly a politicised agency following its formation in 2009 and that was used to improperly fund and support

378-532: The Commissions of Inquiry Ordinance was enacted for establishing such a commission. The commission established after the 2012 Lamma Island ferry collision produced a report of its findings which they made public; an internal report was kept confidential. In the 2019–20 Hong Kong protests , one of the five key demands of the protesters, was establishing another commission for the protests itself. Jacob Zuma Too Many Requests If you report this error to

420-466: The Minister of State Security Ayanda Dlodlo sought to muzzle Jafta arguing that it would endanger state security. Testimony given to the commission regarding the improper activities of the SSA state that: Bosasa COO Angelo Agrizzi made national headlines when he testified to the commission that the company systematically gave substantial bribes to South African government officials to ensure that

462-509: The Pretoria High Court extended the deadline to 30 April. The commission delivered the third part of its findings on 1 March. An eighth extension was granted by the court on 28 April, extending the deadline to 15 June. The fourth tranche was handed over on 29 April. The commission however failed to meet the deadline for handing over the final part of the report. The fifth and final tranche was handed over on 22 June. The commission

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504-592: The Public Protector's recommendation was binding and that Zuma had to appoint a commission of inquiry within 30 days. At the instruction of the court, it was Chief Justice Mogoeng Mogoeng who selected the chairperson of the inquiry, Deputy Chief Justice Raymond Zondo . Zondo is assisted by several other full-time officials, including former Auditor-General Terence Nombembe at the head of the investigations team, and Frank Dutton , who served as lead investigator until his death in January 2022. The commission

546-594: The UK, the Planning Inspectorate , an agency of the Department for Communities and Local Government , routinely holds public inquiries into a range of major and lesser land use developments, including highways and other transport proposals. Advocacy groups and opposition political parties are likely to ask for public inquiries for all manner of issues. The government of the day typically only accedes to

588-615: The United Kingdom, the term public inquiry, also known as a tribunal of inquiry, refers to either statutory or non-statutory inquiries that have been established either previously by the monarch or by government ministers of the United Kingdom , Scottish , Northern Irish and Welsh governments to investigate either specific, controversial events or policy proposals. Non-statutory public inquiries are often used in order to investigate controversial events of national concern,

630-581: The Zondo Commission about his role in state capture and corruption activities. On the first day of his testimony he claimed that there was a foreign-backed conspiracy against him and that some of those testifying against him were apartheid -era spies. Zuma accused the Zondo Commission of being a tool to end his political career. Zuma admitted to having a friendly relationship with the Gupta brothers, but denied engaging in any corrupt activities. Following

672-876: The advantage being that they are more flexible than the statutory inquiry as they do not need to follow the requirements of the Inquiries Act 2005 , The Inquiry Rules 2006 (UK, excluding Scotland) and The Inquiries (Scotland) Rules 2007. Statutory inquiries can be held as subject-specific public inquiries, however most are now held under the Inquiries Act 2005 which repealed the Tribunals of Inquiry (Evidence) Act 1921 . Statutory public inquiries, unlike non-statutory inquiries, have legal powers to compel witnesses. This list excludes Public Local Inquiries (which encompasses Planning Inquiries, Compulsory Purchase Order Inquiries, Listed Building Inquiries etc.) In Hong Kong,

714-439: The alliance between Bain & Company, Jacob Zuma, Tom Moyane and others to plan the restructuring of numerous state institutions. His testimony provided evidence of the premeditated plans to restructure South African Revenue Service which led to its near collapse. In November 2021, Williams published Deep Collusion: Bain and the capture of South Africa which is based on his testimony. From 16 July 2019, Zuma testified before

756-405: The capture of the state electrical utility Eskom. The fourth part of the commissions report made the following notable findings: The report recommends that: Part 1 findings Part 2 findings Part 3 findings Part 4 findings Public inquiry Typical events for a public inquiry are those that cause multiple deaths, such as public transport crashes or mass murders . In addition, in

798-540: The commission had interviewed 278 witnesses and collected 159,109 pages and one exabyte of data as evidence. It received eight extensions to finish its report, with 15 June 2022 being the end of its mandate. The first part of the report was published on 4 January 2022. The fifth and final part was published on 22 June 2022. It cost the state close to R1 billion (US$ 66 million), far more than any prior South African judicial inquiry. The reports provide strong evidence of state capture and detailed insight into how state capture

840-613: The commission regarding Zuma's involvement with the Guptas business deals. Judge Zondo's order was taken to the Constitutional Court which ruled that Zuma had to answer questions before the commission and ordered Zuma to pay the commission’s legal costs. Zuma defied the Constitutional Court and refused to testify to the Zondo Commission on 4 February 2021. The commission, whose mandate ends on 31 March, asked

882-420: The commission without permission and refusing to give testimony. This was preceded by a long period in which Zuma tried to avoid appearing before the commission through legal moves and arguments in the alleged hope that the commission would conclude before he would have to appear before it. This approach was dubbed as Zuma's Stalingrad defence strategy. In December 2020, Judge Zondo ordered Zuma to testify before

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924-596: The commission's findings was divided into four volumes and published on the morning of 29 April 2022. The fourth part of the findings focused on the attempted capture of the National Treasury , corruption between the private technology service provider EOH and the City of Johannesburg, corruption within state owned diamond mining company Alexkor , the Free State asbestos removal and public housing project, and

966-427: The commission, South African media speculated that the chances of Zuma being later charged and convicted for crimes committed during his administration or for giving false testimony to the commission had increased. On 11 October 2019, a South African high court denied Zuma a motion to strike down 16 criminal charges of fraud, racketeering and money laundering related to an illegal $ 2.5bn (£1.98bn) arms deal which allegedly

1008-724: The commission, more than 40 by February 2021 – personally implicated Zuma in misconduct. For example: Many individuals have been summoned to testify before the Commission, including former president Jacob Zuma and other current and former government ministers and officials, as well as various business executives. Those required to testify include Ben Ngubane , Mosebenzi Zwane , Barbara Hogan , Mcebisi Jonas , Des van Rooyen , Nomvula Mokonyane , Vytjie Mentor , Pravin Gordhan , Sibongile Sambo , Job Mokgoro and Angelo Agrizzi , among many others. Testimony given by multiple members of

1050-447: The company received government contracts and was not investigated. Agrizzi's testimony implicated then President Zuma, notable government minister Nomvula Mokonyane , chairperson of South African Airways Dudu Myeni, and ANC politician Gwede Mantashe . Former minister of Water and Sanitation, Nomvula Mokonyane , was implicated in a number of allegations of corruption during the commission. This included testimony by Agrizzi that Mokonyane

1092-484: The court for an urgent order directing him to give evidence. A judge later requested that a contempt of court charge be filed against Zuma. On 25 March 2021, the Constitutional Court upheld a previously ruling which found that Zuma's refusal to testify before the Commission classified as contempt of court. On 29 June the Constitutional Court handed down a 15 month prison sentence to Zuma. Shortly after Zuma's imprisonment on 7 July large scale unrest and looting broke out in

1134-584: The first day of Zuma's testimony, the Democratic Alliance accused Zuma of trying to play the victim and misleading the commission. During Zuma's second day of testimony, he claimed that he was the target of a suicide bombing assassination attempt, the South African Police Service later stated that they were unaware of any such event taking place. Zuma controversially accused senior ANC member Ngoako Ramatlhodi of being

1176-629: The following findings regarding South African Airways (SAA): The report recommended that: Part 1 made the following notable findings regarding the South African Revenue Service (SARS): The report recommended that: Part 1 made the following notable findings regarding the Gupta family enterprises and activities: The report recommended that: Part 1 found that the ANC: Part 2 was published on 1 February 2022 and announced findings on corruption and maladministration within

1218-412: The inquiry focused on corruption and maladministration at state institutions during Zuma's administration (2009–2018). Over 300 witnesses testified, with revelations including allegations about: During hearings on these sagas, the commission has heard extensive testimony about maladministration and/or corruption at state-owned enterprises and state institutions including: Several witnesses – according to

1260-488: The part of the relevant minister are less likely to be investigated by a public inquiry. Third, a public inquiry generally takes longer to report and costs more on account of its public nature. When a government refuses a public inquiry on some topic, it is usually on at least one of these grounds. The conclusions of the inquiry are delivered in the form of a written report, given first to the government, and soon after made public. Reports usually make recommendations to improve

1302-421: The provinces of KwaZulu-Natal and Gauteng , lasting from 9 to 17 July 2021. The findings are compiled into 6 volumes, each volume comprising multiple parts with each part focusing on a specific genre of state capture. Initially the findings were to be released in three parts but this number was later increased. Each of the multiple parts of the report's findings were divided into multiple volumes. An extension

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1344-444: The quality of government or management of public organisations in the future. A 2016 study found that the reports of public inquiries are not effective in changing public opinion regarding the event in question. Empirical studies do not find support for the claim that appointing a public inquiry leads to a decline in media attention to the inquired issue. Public inquiry reports appear to enjoy public trust only when they are critical of

1386-534: The report of her investigation, titled State of Capture , caused a major scandal. The report implicated Zuma and other state officials in improper relationships with the Gupta family , among other improprieties, and recommended that Zuma should appoint a commission of inquiry into state capture. Zuma sought to have Madonsela's findings overturned in the High Court, but the court dismissed his application, finding that

1428-517: The state-owned companies Denel, Eskom and Transnet . The following notable findings were made: The report recommended that: Part 3 was published on 1 March 2022 and focused on findings relating to corruption relating to the privately owned state contractor BOSASA. Following the release of part 3 the commission's findings were criticized by allies of Jacob Zuma. Part 3 made the following notable findings and recommendations regarding government's interactions with state service provider BOSASA: Part 4 of

1470-520: Was appointed under terms of reference which were flexible but which singled out for investigation several issues, primarily arising from the State of Capture report and of varying degrees of specificity. Thus the commission was to investigate whether: If irregularities were found, the Commission was also to investigate the extent to which the national executive – including Zuma and the deputy ministers – had been responsible for them. Most testimony given to

1512-627: Was established in January 2018 but did not hold its first hearing until August 2018, by which time Zuma had resigned and been replaced by President Cyril Ramaphosa . Following a series of extensions, it concluded its hearings in August 2021 with testimony from Ramaphosa. However, on 29 September, the Pretoria High Court granted the commission another three-month extension, which expired at the end of December 2021. Minister of Justice and Correctional Services Ronald Lamola – whose portfolio

1554-659: Was implicated in illegal activities when she was chairperson of South African Airways . When Myeni appeared before the commission on 5 November 2020 she repeatedly revealed the identity of a secret state witness, in violation of the terms set by the Commission. The witness had received anonymity as the commission had reason to believe that the witness's life would be at risk if their identity was made public. This resulted in Judge Zondo requesting that criminal charges be placed on Myeni. Former Bain & Company partner, Athol Williams , testified for two days presenting evidence of

1596-529: Was organised and facilitated by some leaders in both the public and private sectors. In 2016, the Public Protector , Thuli Madonsela , launched an investigation into state capture after receiving formal complaints from Stanislaus Muyebe of the Dominican Order of Southern Africa, another member of the public, and leader of the opposition Mmusi Maimane . In November 2016, the publication of

1638-426: Was paid R50,000 (around US$ 3,500) a month for years to protect Bosasa from law enforcement agencies and that she received numerous 'gifts' from Bosasa such as expensive vehicles. Mokonyane's testimony before the commission was notable for its contradictory statements, the serious nature of the allegations made against her, and the high profile it received in the media. Dudu Myeni , a close associate of president Zuma,

1680-473: Was released on Tuesday 4 January 2022. It has three volumes with the first volume focused on corruption within the state owned South African Airways, the second on findings relating to the Gupta family, and the third on the South African Revenue Service and recommendations to reform the government procurement system. Some notable finding of part 1 of the Zono Commission found the following: Part 1 made

1722-462: Was requested so that the commission would have additional time to deliver its findings; this pushed the deadline for releasing all of its findings out to 15 June 2022. The commission found that multiple incidents of state capture took place within South African government departments and state-owned enterprises during the presidency of Jacob Zuma as senior officials routinely broke law. Part 1

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1764-471: Was undertaken in the late 1990s in order to ensure that South Africa's armed forces could buy 30bn rand of European military hardware. Zuma's legal team attempted to get Judge Zondo to recuse himself from the commission accusing Zondo of bias and having a supposed prior friendship with Zuma. Judge Zondo rejected the recusal request. A little over 16 months after Zuma first appeared before the commission criminal charges were laid against him for walking out of

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