FORMER public protector Thuli Madonsela has instructed President Jacob Zuma to appoint a judicial commission of inquiry into state capture.
- The North Gauteng High Court ordered the release of the State of Capture report today.
- The report instructs Chief justice Mogoeng Mogoeng to decide which judge should head the commission.
- That is the main finding of Madonsela’s 355-page report titled “State of Capture” into allegations of improper influence by the Gupta family over Zuma and his family.
- The commission of inquiry had to present the report with findings and recommendations to Zuma within 180 days.
- Zuma had to submit a copy of the State of Capture report to Parliament within 14 days. He must also say what his intentions are regarding its implementation.
- Zuma has the legal option of taking the report back to court on review.
- The report looks into: Whether President Jacob Zuma improperly, and in violation of the Executive Ethics Code, allowed members of the Gupta family and his son, to be involved in the process of removal and appointment of the minister of finance in December 2015.
- "It is worrying that the Gupta family was aware or may have been aware that Minister Nene was removed 6 weeks after Deputy [Finance] Minister Mcebisi Jonas advised him that he had been allegedly offered a job by the Gupta family in exchange for extending favours to their family business," said the report.
- Equally worrying is that Co-operative Governance and Traditional Affairs Minister Des van Rooyen, who briefly replaced Nene, could be placed in the Saxonwold area on at least seven occasions.
- - Whether Zuma improperly, and in violation of the Executive Ethics Code, allowed members of the Gupta family and his son, to engage or be involved in the process of removal and appointing of various members of Cabinet.
- - Whether Zuma improperly, and in violation of the Executive Ethics Code, allowed members of the Gupta family and his son, to be involved in the process of appointing members of the Board of Directors of state owned enterprises (SOEs). The SOE’s investigated included Eskom, Transnet, Denel, SAA and the SABC.
- The report questions the relationship between Eskom CEO Brian Molefe and the controversial Gupta family
- Molefe and Ajay Gupta made 58 telephone calls to one another between August 2015 and March 2016, according to the report.
- The time frame of the interactions between Molefe, the Guptas, and their associates is important as it coincides with Optimum coal mine being bought by the Gupta-owned Tegeta Exploration and Resources. The mine supplies Eskom with coal.
- Allegations that the SABC entered into contracts with the Gupta-owned The New Age newspaper will be probed in the next phase of the investigation.