A Special Report on State Capture
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The Guptas, the Public Protector's Report and Capital Accumulation In
The Guptas, the Public Protector’s Report and Capital Accumulation in South Africa Ashwin Desai Goolam Vahed Abstract The relationship between South African President Jacob Zuma and his family, and the Guptas, possibly the richest family of Indian origin at present in South Africa, has made persistent national and increasingly international headlines in the media over the past few years. The Gupta family, who arrived in South Africa from India just prior to the country’s first non-racial democratic elec- tions in 1994, are accused of colluding with Zuma in the removal and appoint- ment of government ministers, as well as the directors of State-Owned Enter- prises (SOEs) in order to secure lucrative state contracts. This article examines the allegedly corrupt relationship between the Zumas and the Guptas to probe key issues in post-apartheid South African society: corruption, state capture, inequality, class formation, Black Economic Empowerment, and White Mono- poly Capital. It argues that corruption has negative consequences such as creat- ing despondency amongst the populace leading to capital flight and creating the possibilities for state capture as well as further deepening inequality. Keywords: Apartheid, Gupta, Zuma, Black Economic Empowerment, White Monopoly Capital, Social Cohesion The lexicon of South African English has been constantly transformed by the inclusion of words from the Afrikaans language, and phrases from the Indian sub- continent, as well as by some words and phrases from local African languages. When this potpourri of ‘English’ is spoken at a rapid pace, even an English Alternation 24,1 (2017) 26 - 49 26 Electronic ISSN: 2519-5476; DOI: https://doi.org/10.29086/2519-5476/2017/v24n1a3 The Guptas, the Public Protector’s Report and Capital Accumulation speaking foreigner could easily get lost as sentences are trespassed with local inflections (Mesthrie 2010). -
South Africa's Anti-Corruption Bodies
Protecting the public or politically compromised? South Africa’s anti-corruption bodies Judith February The National Prosecuting Authority and the Public Protector were intended to operate in the interests of the law and good governance but have they, in fact, fulfilled this role? This report examines how the two institutions have operated in the country’s politically charged environment. With South Africa’s president given the authority to appoint key personnel, and with a political drive to do so, the two bodies have at times become embroiled in political intrigues and have been beholden to political interests. SOUTHERN AFRICA REPORT 31 | OCTOBER 2019 Key findings Historically, the National Prosecuting Authority The Public Protector’s office has fared (NPA) has had a tumultuous existence. somewhat better overall but its success The impulse to submit such an institution to ultimately depends on the calibre of the political control is strong. individual at its head. Its design – particularly the appointment Overall, the knock-on effect of process – makes this possible but might not in compromised political independence is itself have been a fatal flaw. that it is felt not only in the relationship between these institutions and outside Various presidents have seen the NPA and Public Protector as subordinate to forces, but within the institutions themselves and, as a result, have chosen themselves. leaders that they believe they could control to The Public Protector is currently the detriment of the institution. experiencing a crisis of public confidence. The selection of people with strong and This is because various courts, including visible political alignments made the danger of the Constitutional Court have found that politically inspired action almost inevitable. -
Bosasa Executives Privy to Sensitive Details of NPA Case Against Them
24 January 2019 Zondo Commission: Bosasa executives privy to sensitive details of NPA case against them Bosasa CEO Gavin Watson allegedly boasted about playing puppeteer with former president Jacob Zuma to his colleague Angelo Agrizzi and former commissioner of the Department of Correctional Services (DCS) Linda Mti. He also told the pair that he knows of a particular approach he has to use with the president to get him to listen, and act. The commission of inquiry into state capture heard on Thursday an audio recording, which Agrizzi said he made during a 2015 meeting between himself and the two men. In the audio, a distinction between three different voices - all male - can be made. For the most part it features the person identified by Agrizzi as Watson, talking about the details of the politics within the National Prosecuting Authority (NPA) at the time, particularly with regard to the DCS tender corruption case against Bosasa. He also seems to express his frustrations with the status of the case, which seemed to have gone away at some point in the past. Bosasa directors, including Watson and Agrizzi, as well as Mti and former DCS chief financial officer Patrick Gillingham featured in the potential prosecution. The man further singles out then senior prosecutor for the NPA Glynnis Breytenbach as being the reason why the case would not go away, because she was obsessed with discrediting Bosasa in the media. He talks of plans to bring Zuma up to speed with all this information, to show him who cannot be trusted within the NPA. -
HSF V Eskom (Founding Affidavit)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) CASE NO In the matter between: THE HELEN SUZMAN FOUNDATION First Applicant! MAGDALENA FRANCISZKA WIERZYCKA Second Applicant and ESKOM HOLDINGS SOC LIMITED First Respondent THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA Second Respondent AJAY KUMAR GUPTA Third Respondent ATUL KUMAR GUPTA Fourth Respondent RAJESH KUMAR GUPTA Fifth Respondent DUDUZANE ZUMA Sixth Respondent TEGETA EXPLORATION AND RESOURCES (PTY) Seventh Respondent LTD MINISTER OF MINERAL RESOURCES Eighth Respondent MINISTER OF PUBLIC ENTERPRISES Ninth Respondent MINISTER OF FINANCE Tenth Respondent MINISTER OF WATER AND SANITATION Eleventh Respondent NATIONAL TREASURY Twelfth Respondent DEPARTMENT OF PUBLIC ENTERPRISES Thirteenth Respondent DEPARTMENT OF MINERAL RESOURCES 2 25 DEPARTMENT OF WATER AND SANITATION Fifteenth Respondent BRIAN MOLEFE Sixteenth Respondent MARK PAMENSKY Seventeenth Respondent ANOJ SINGH Eighteenth Respondent SALIM AZIZ ESSA Nineteenth Respondent NAZEEM HOWA Twentieth Respondent RONICA RAGAVAN Twenty First Respondent THE PERSONS LISTED IN ANNEX "FA1 " Twenty Second to Seventy Third Respondents FOUNDING AFFIDAVIT I, the undersigned, FRANCIS ANTONIE do hereby make oath and say: 1. I am an adult male of full legal capacity and a director of the Helen Suzman Foundation ("HSF"), the first applicant, holding office as such at 2 Sherborne Road, Parktown, Johannesburg. 2. I am duly authorised to depose to this affidavit on behalf of the applicants. 3. Save as appears from the context, the facts in this affidavit are within my own personal knowledge and are, to the best of my knowledge and belief, both true and correct. -
State Capture and the Political Manipulation of Criminal Justice Agencies a Joint Submission to the Judicial Commission of Inquiry Into Allegations of State Capture
State capture and the political manipulation of criminal justice agencies A joint submission to the Judicial Commission of Inquiry into Allegations of State Capture CORRUPTION WATCH AND THE INSTITUTE FOR SECURITY STUDIES APRIL 2019 State capture and the political manipulation of criminal justice agencies A joint submission by Corruption Watch and the Institute for Security Studies to the Judicial Commission of Inquiry into Allegations of State Capture April 2019 Contents Executive summary ..........................................................................................................................................3 Introduction ...................................................................................................................................................3 Structure and purpose of this submission .....................................................................................................3 Impact of manipulation of criminal justice agencies .......................................................................................4 Recent positive developments .......................................................................................................................4 Recommendations ........................................................................................................................................4 Fixing the legacy of the manipulation of criminal justice agencies..............................................................4 Addressing risk factors for future manipulation -
Scc Day 383 Transcript Dd 2021-04-27
COMMISSION OF INQUIRY INTO STATE CAPTURE HELD AT CITY OF JOHANNESBURG OLD COUNCIL CHAMBER 158 CIVIC BOULEVARD, BRAAMFONTEIN 27 APRIL 2021 DAY 383 22 Woodlands Drive Irene Woods, Centurion TEL: 012 941 0587 FAX: 086 742 7088 MOBILE: 066 513 1757 [email protected] CERTIFICATE OF VERACITY I, the undersigned, hereby certify that, in as far as it is audible, the aforegoing is a VERBATIM transcription from the soundtrack of proceedings, as was ordered to be transcribed by Gauteng Transcribers and which had been recorded by the client COMMISSION OF INQUIRY INTO STATE CAPTURE HELD AT CITY OF JOHANNESBURG OLD COUNCIL CHAMBER 158 CIVIC BOULEVARD, BRAAMFONTEIN DATE OF HEARING: 27 APRIL 2021 TRANSCRIBERS: B KLINE; Y KLIEM; V FAASEN; D STANIFORTH Page 2 of 138 27 APRIL 2021 – DAY 383 PROCEEDINGS RESUME ON 27 APRIL 2021 CHAIRPERSON: Good morning Mr Seleka, good morning everybody. ADV SELEKA SC: Morning Chairperson. CHAIRPERSON: Good morning Mr Zwane. MR ZWANE: Chairperson good morning. CHAIRPERSON: Good morning on Freedom Day. MR ZWANE: Thank you Chair. CHAIRPERSON: Good morning to your attorney. Thank 10 you. ADV SELEKA SC: Thank you Chair. CHAIRPERSON: I must start by thanking everybody who has agreed to work on a public holiday for sacrificing enjoying Freedom Day and coming to work. Mr Seleka and your team, the investigators, the staff, the technicians, Mr Zwane thank you for your cooperation you probably would have been at some function today to join others who are celebrating freedom and thank you to your attorney again for the cooperation that you have given the commission to 20 enable the commission to sit today. -
12-Politcsweb-Going-Off-The-Rails
http://www.politicsweb.co.za/documents/going-off-the-rails--irr Going off the rails - IRR John Kane-Berman - IRR | 02 November 2016 John Kane-Berman on the slide towards the lawless South African state GOING OFF THE RAILS: THE SLIDE TOWARDS THE LAWLESS SOUTH AFRICAN STATE SETTING THE SCENE South Africa is widely recognised as a lawless country. It is also a country run by a government which has itself become increasingly lawless. This is so despite all the commitments to legality set out in the Constitution. Not only is the post–apartheid South Africa founded upon the principle of legality, but courts whose independence is guaranteed are vested with the power to ensure that these principles are upheld. Prosecuting authorities are enjoined to exercise their functions “without fear, favour, or prejudice”. The same duty is laid upon other institutions established by the Constitution, among them the public protector and the auditor general. Everyone is endowed with the right to “equal protection and benefit of the law”. We are all also entitled to “administrative action that is lawful, reasonable, and procedurally fair”. Unlike the old South Africa – no doubt because of it – the new Rechtsstaat was one where the rule of law would be supreme, power would be limited, and the courts would have the final say. This edifice, and these ideals, are under threat. Lawlessness on the part of the state and those who run it is on the increase. The culprits run from the president down to clerks of the court, from directors general to immigration officials, from municipal managers to prison warders, from police generals to police constables, from cabinet ministers to petty bureaucrats. -
Moerane Commission Report
REPORT OF THE MOERANE COMMISSION OF ENQUIRY INTO THE UNDERLYING CAUSES OF THE MURDER OF POLITICIANS IN KWAZULU- NATAL Contents INTRODUCTION ....................................................................................................................................... 2 ANALYSIS OF THE TERMS OF REFERENCE ............................................................................................... 7 WITNESSES ............................................................................................................................................ 10 THE EVIDENCE ....................................................................................................................................... 18 FINDINGS ............................................................................................................................................. 412 RECOMMENDATIONS ......................................................................................................................... 417 ACKNOWLEDGMENTS ......................................................................................................................... 424 1 | P a g e INTRODUCTION 1. “Something is rotten in the State of Denmark.”1 2. Had Shakespeare lived in KwaZulu-Natal (KZN) between the years 2011 and today, he might have had a modern-day Marcellus utter those words – a theme to which we shall return. For present purposes, suffice it to say that the apparently never-ending murder of politicians in KZN is a symptom of a serious pathology in the Province’s -
Namibian Influence, Impacts on Education, and State Capture
THE EFFECTS OF COLONIZATION AND APARTHEID ON THE DEVELOPMENT OF SOUTH AFRICA: NAMIBIAN INFLUENCE, IMPACTS ON EDUCATION, AND STATE CAPTURE by Austin Michael Hutchinson A thesis submitted to Johns Hopkins University in conformity with the requirements for the degree of Master of Arts in Government Baltimore, Maryland May 2021 © 2021 Austin Hutchinson All Rights Reserved Abstract When discussing South Africa, apartheid is the most common topic that people remember. The legacies and institutional framework that apartheid established are still prevalent in the current state of development in South Africa. This work examines three prominent issues hindering the development of the South African nation. Understanding the narrative history of colonization and apartheid allows for a more comprehensive view on the current development of South Africa. Using colonial records, court rulings, journals, news articles among various other sources across the topics mentioned, a narrative is created that explains the current problems facing South Africa and Namibia. Namibia endured colonial rule from three different oppressors but was initially claimed by Germany and named German South West Africa. Although Namibia and South Africa were merged under one rule for nearly a century beginning in 1915, each nation had divergent paths to independence. Namibia eventually gained its independence in 1990, a few years prior to South Africa, which gained its own independence from apartheid rule in 1994. As a result of colonization and apartheid in South Africa, certain ideals which hindered the progression of the South African people remained, including inequities in the education system. Furthermore, some of the pervasive systems established under the apartheid regime led to failures in the accountability mechanisms which resulted in institutional weakness and state capture in South Africa. -
Ramaphosa Fires Jiba, Mrwebi
26 April 2019 Zondo Commission – Ramaphosa fires Jiba, Mrwebi Nomgcobo Jiba and Lawrence Mrwebi have been sent packing from the National Prosecuting Authority (NPA) by President Cyril Ramaphosa, on the recommendation of retired Constitutional Court Justice Yvonne Mokgoro, who oversaw a commission of inquiry that sought to determine the pair’s fitness for office. Jiba was a deputy national director of public prosecutions (DNDPP), which made her the second in command within the NPA, while Mrwebi was the head of the NPA’s special commercial crimes unit. When their new boss, NDPP Shamila Batohi, took office in January this year, the pair had been on suspension for three months, pending the findings of the inquiry. Their names have also featured in stinging allegations in the oral evidence of several witnesses before the commission of inquiry into state capture, chaired by Deputy Chief Justice Raymond Zondo. Bosasa cash-for-info scheme Former Bosasa chief operations officer Angelo Agrizzi’s testimony in January this year implicated both Jiba and Mrwebi in a cash-for-information scheme that involved compromising the NPA’s corruption case against the facilities management company. According to Agrizzi, Bosasa paid the two to leak any and all information related to a corruption case brought forward by the Special Investigating Unit (SIU), so that the company could know the case’s progress within the NPA at any given time. The facilitator of this arrangement was former national commissioner of the Department of Correctional Services, Linda Mti, who was himself implicated in the SIU investigation as having played a role in the irregular processes of awarding Bosasa a number of contracts over a period of several years. -
That Cashed in on State Capture the Bankers, Accountants and Lawyers
THE ENABLERS R R R $ R $ R R ERS THE BANKERS, ACCOUNTANTS AND LAWY URE THAT CASHED IN ON STATE CAPT R R R R R R R R PublishedFirst Published: by Open February Secrets 2020 in February 2020 ResearchSubsequent by: editions: Michael April Marchant, 2020 Mamello Mosiana, PaulNote: HoldenThe April and 2020 Hennie edition van includes Vuuren a few revisions concerning the conduct of McKinsey and Company based on correspondence between Open Secrets and McKinsey. This correspendence is available to read on the nal pages of this report. Copy editor: Helen Moett ResearchDesigner: by: Gaelen Michael Pinnock Marchant, | www.polygram.co.za Mamello Mosiana, Paul Holden and Hennie van Vuuren Printing: X Mega Digital ISBN: 978-0-620-86351-3 Copyright of Text: Open Secrets CopyrightCopy editor: of Helen Images: Moett Respective Rights Holders Designer: Gaelen Pinnock | www.polygram.co.za TheJunior publication designer: Skyla of this Francis report has been made possible by Printing: X Mega Digital E Open Secrets’ funders. They are the Claude Leon Foundation, H Copyright of Text: Open Secrets T Copyrightthe Heinrich of Images: Böll Foundation Respective Rights (Southern Holders Africa oce), Joe Charitable Trust, Luminate, Open Society Foundation HumanThe publication Rights of Initiative, this report Open has been Society made Foundationpossible by for South AfricaOpen Secrets’ and individual funders. They donors. are the Heinrich Böll Foundation (Southern Africa oce), Joe Charitable Trust, Luminate, Open Society Foundation Human Rights Initiative, Open -
Betrayal of the Promise: How South Africa Is Being Stolen
BETRAYAL OF THE PROMISE: HOW SOUTH AFRICA IS BEING STOLEN May 2017 State Capacity Research Project Convenor: Mark Swilling Authors Professor Haroon Bhorat (Development Policy Research Unit, University of Cape Town), Dr. Mbongiseni Buthelezi (Public Affairs Research Institute (PARI), University of the Witwatersrand), Professor Ivor Chipkin (Public Affairs Research Institute (PARI), University of the Witwatersrand), Sikhulekile Duma (Centre for Complex Systems in Transition, Stellenbosch University), Lumkile Mondi (Department of Economics, University of the Witwatersrand), Dr. Camaren Peter (Centre for Complex Systems in Transition, Stellenbosch University), Professor Mzukisi Qobo (member of South African research Chair programme on African Diplomacy and Foreign Policy, University of Johannesburg), Professor Mark Swilling (Centre for Complex Systems in Transition, Stellenbosch University), Hannah Friedenstein (independent journalist - pseudonym) Preface The State Capacity Research Project is an interdisciplinary, inter- that the individual confidential testimonies they were receiving from university research partnership that aims to contribute to the Church members matched and confirmed the arguments developed public debate about ‘state capture’ in South Africa. This issue has by the SCRP using largely publicly available information. This dominated public debate about the future of democratic governance triangulation of different bodies of evidence is of great significance. in South Africa ever since then Public Protector Thuli Madonsela published her report entitled State of Capture in late 2016.1 The The State Capacity Research Project is an academic research report officially documented the way in which President Zuma and partnership between leading researchers from four Universities senior government officials have colluded with a shadow network of and their respective research teams: Prof. Haroon Bhorat from the corrupt brokers.