Cape Town – In his second state capture report, interim Constitutional Court Chief Justice Raymond Zondo has proposed that “public abuse of power” be classified as a criminal offence that carries a maximum penalty of a fine of up to R200 million or 20 years in prison or both.
Such a fine, Zondo says, could fall on any official, regardless of their position of power.
The proposed recommendations are contained in a 646-page report that was released on Tuesday by South African investigators detailing how rampant corruption under former President Jacob Zuma undermined both the public logistics company Transnet and the state arms firm Denel.
According to Times Live, Zondo’s recommendations are related to shenanigans at Denel, where Zuma’s former lawyer Daniel Mantsha reportedly led a board that removed the group’s key leaders – CEO, CFO, and the secretary in one of its first decisions that led to the SOE’s demise.
“It is therefore recommended that the government give consideration to the creation of a statutory offence rendering it a criminal offence for any person vested with public power to abuse public power vested in that person by intentionally using that power otherwise than in good faith for a proper purpose.
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“Such potential violations might range from the case of a president of the republic who hands a large portion of the national wealth, or access to that wealth, to an unauthorised recipient, to the junior official who suspends a colleague out of motives of envy or revenge,” reads the Zondo report in part.
In the report, Zondo not only makes recommendations, but he also reveals some findings against the likes of former public enterprises minister Malusi Gigaba and ex-Transnet bigwigs Anoj Singh, Siyabonga Gama, to name a few, over their alleged dodgy dealings at Transnet.
In particular, he reveals that Gigaba knew the controversial Gupta family well and knew their mother, despite his denials during his testimony.
Zondo further instructs law enforcement agencies to conduct an investigation and potentially charge former Transnet executives and Gigaba with corruption and racketeering.
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“It is recommended law-enforcement agencies conduct such further investigations as may be necessary with a view to the possible prosecution of Mr Molefe, Mr Singh, Mr Gigaba, Mr Gama, Mr Pita and Mr Jiyane on charges of corruption and racketeering in relation to cash payments allegedly received by them during visits to the Gupta compound during the period of 2010 to 2018,” reads the Zondo report.
The final report of the commission is expected to be released by the end of February.
President Cyril Ramaphosa is expected to submit the full report to parliament by June 30, outlining how he intends to implement the top-level commission’s recommendations.
“We should now apply our energies to the commission’s recommendations and take the necessary steps to make sure we never (again) face this onslaught on public resources and on the fabric of our society,” said Ramaphosa in a statement.
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Compiled by Sinothando Siyolo
Additional reporting by AFP
