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State Capture: an Entirely New Type of Corruption

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State Capture: an Entirely New Type of Corruption State capture An entirely new type of corruption Judith February This report explores the phenomenon of state capture – the harnessing of the state apparatus of South Africa to serve private interests. It looks specifically at the role of the Gupta family and their relationship with prominent politicians, including the country’s former president Jacob Zuma. It is an account of a toxic mix of politically infused business, abuse of state resources and intimidation – all of which damaged state institutions and underlined the need for transparency in government. SOUTHERN AFRICA REPORT 25 | SEPTEMBER 2019 Key findings The media has done a sterling job over the That this happens in the open and allegations past decade in doggedly uncovering instances are tested and broadcast live is crucial. of state capture. The Zondo Commission has shown that no-one The country’s state-owned enterprises is above the law. Even Zuma was called to testify. (SOEs) are in a parlous state, and it is not Transparency matters and the rot is now in the apparent how they might be turned around. open. Politicians linked to state capture remain South Africans remain shocked at the depth of in office. corruption during the Zuma years. State capture extends beyond the state into a Future prosecutions will be key if South compromised private sector. Africans are going to regain trust in democratic The uncovering of corruption at the Zondo institutions which have been hollowed out for Commission has been good for democracy. the purpose of state capture. Recommendations Further links need to be found and research Commission so that its credibility is not carried out on the connections between the damaged. private sector and corruption. Parliament may also be called to act and it Prosecutions arising out of the Zondo should similarly do so speedily. This has not Commission are essential to restore the always been the case in the past when there public’s faith in the justice system. have been ethical breaches. Those democratic institutions which were Civil society organisations will also need to captured by vested interests need to be follow up on the recommendations made by repurposed for their original constitutional intent. Deputy Chief Justice Ray Zondo. This will require a speedy conclusion to the The media too will be required to continue to Zondo Commission process. shine a light on corruption in the state and The president will need to act quickly on private sector to ensure that both are held the findings/recommendations of the Zondo to account. 2 STATE CAPTURE: AN ENTIRELY NEW TYPE OF CORRUPTION Introduction One story that has come to define the idea of undue influence in South African politics concerns the Gupta South Africa is awash with investigations and public family. A trio of brothers – Ajay, Atul and Rajesh – information relating to corruption and a general failure immigrated to South Africa from India in the 1990s, of accountability. The ‘new dawn’ which President Cyril seeking business opportunities as the transition to Ramaphosa has indicated he wishes to usher in has democracy unfolded.2 Their first venture was evidently in seen him move swiftly to deal with a number of things. He has, for example, attempted to tackle the alleged information technology, establishing Sahara Computers corruption within the South African Revenue Service in 1994 – it exists today and bills itself as ‘one of the (SARS) and to put the country’s state-owned enterprises largest independent information technology distributors 3 (SOEs) such as Eskom and South African Airways (SAA) in Southern Africa’. They subsequently branched out on a more sound footing. Yet these problems form part into various other industries – mining, media, leisure and of an enduring pathology in South Africa – something engineering – their stakes were vested in the holding 4 that has been termed state capture. It will not be easy company Oakbay Investments. for Ramaphosa to stem the rot which has set in after the ‘nine wasted years’ under President Jacob Zuma. It will not be easy for Ramaphosa Repurposing institutions which have been captured to stem the rot which has set in requires careful work and commitment across society, not after Zuma only within the state, though that is where the clean-up has to start. The Gupta story is a complex one, involving several Daniel Kaufmann and Joel Hellman, writing for the distinct but inter-related strands of activity. This International Monetary Fund, describe state capture corresponds to the multifaceted nature of the state as, ‘the efforts of firms to shape the laws, policies and capture phenomenon. As such, it is best related regulations of the state to their own advantage by thematically, rather than chronologically; it is important to providing illicit private gains to public officials’. They go bear in mind that the accounts of political and economic on to say that, ‘because such firms use their influence chicanery were taking place in tandem with each other. to block any policy reforms that might eliminate these advantages, state capture has become not merely Making political connections a symptom but also a fundamental cause of poor It appears that the Guptas met Zuma, then deputy governance. In this view, the captured economy is president, in 2002, although the relationship took on a trapped in a vicious circle in which the policy and more overtly corrupt tone once he became president. institutional reforms necessary to improve governance One point of connection was in the career of Zuma’s are undermined by collusion between powerful firms and son, Duduzane. In 2008, shortly after Zuma assumed state officials who reap substantial private gains from the the presidency of the ANC, Duduzane was appointed continuation of weak governance.’1 a director of Mabengela Investments, a Gupta-owned Anne Lugon-Moulin further says that, ‘state capture company. Over the following years, he was appointed can be further refined by distinguishing between types director of a number of others.5 The relationship between of institutions subject to capture (legislative, executive, the president’s son and the Guptas would feature judiciary, regulatory agencies and public works ministries) prominently in concerns about the influence that the and the types of actors actively seeking to capture (large family might be exerting on Zuma as well as various private firms, political leaders, high ranking officials, aspects of governance. interest groups).’ This all sounds very familiar. In 2010, the Gupta brothers were part of the business But how has state capture manifested itself in South delegation accompanying Zuma on a state visit to India. Africa and where did this story start? It is always helpful Other delegates complained that they appeared to to look back before looking forward, though state capture exercise an inordinate amount of influence over Zuma’s takes many forms and South Africa is no exception. itinerary. One businessman was quoted in the media as SOUTHERN AFRICA REPORT 25 | SEPTEMBER 2019 3 saying: ‘It was clear that the family wanted to use Zuma It should also be noted that Gupta-linked largesse was to establish connections for themselves. We expected also passed on to parties other than the ANC. In 2009, to meet potential investors, but it soon became clear all then DA leader Helen Zille received a cheque for some the deals were done already; we could just pick up the R200 000 at the Gupta residence. She maintained that crumbs that fell from the main table.’6 this was a personal cheque (from a personal bank account), and that the donor in question was not a It was around this time that the Guptas began to make Gupta. The donor – not named in the media – said to a headlines and in short order established a reputation as reporter: ‘From the beginning there was no confusion. I businesspeople who were prospering as much from their political connections as from their business acumen. In was representing the Gupta group of companies. early 2011, Cosatu raised concerns about the influence Surely, she could not have been under the impression that the Guptas appeared to have on government. Its that I took her to the Gupta house for cake, tea and 14 president, Sdumo Dlamini, remarked: “We are worried good food.’ about the Guptas. We are not accusing anyone of corruption, but the perception that is being created is not Concerns about the links between 7 good for our country.’ the Guptas and the government Indeed, speculation about their activities became a abounded prominent subject of media speculation. Reports that cabinet ministers had been visiting the Guptas’ home – in the suburb of Saxonwold, Johannesburg – moved While the Guptas had been surrounded by controversy, government spokesman Mzwanele Manyi to protest events at the end of 2015 would take this to a new against questions on the matter, saying that it was any level of brazenness. On the evening of Wednesday, person’s constitutional right to associate with 9 December 2015, Zuma announced that he was whomsoever he or she chose to.8 ANC Secretary- removing Minister of Finance Nhlanhla Nene from his General, Gwede Matashe, accused the Guptas’ position ‘ahead of his deployment to another strategic 15 detractors of racism, saying that the concerns were due position’. He was to be replaced with a little-known to their Indian origins.9 backbencher, Des van Rooyen. Zuma offered as grounds for this move Nene’s pending nomination to head the Nevertheless, these concerns about the links between the African Regional Centre of the New Development Bank Guptas and the government abounded. The apparent links (an institution established by the Brazil-Russia-India- took on a particularly brazen quality in April 2013, when a China- South Africa group: BRICS).16 However, such a party of guests arriving for a Gupta family wedding were nomination has never been forthcoming.
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