Business Day

Little to regret a year later for Thuli Madonsela

- Khulekani Magubane Parliament­ary Writer magubanek@businessli­ve.co.za

A year after she released the State of Capture report, former public protector Thuli Madonsela says she has no regrets about her time in office.

Madonsela also maintained that her investigat­ion into state capture, which did not paint President Jacob Zuma in a glowing light, had employed reliable techniques and proven investigat­ive practices.

The State of Capture report was one of many high-profile documents Madonsela produced during the latter years of her seven-year, nonrenewab­le term as public protector.

Some of the other notable reports include Secure in Comfort, which looked into the security upgrades at Zuma’s private home in Nkandla, and Derailed, the investigat­ion of the procuremen­t malaise at the Passenger Rail Agency of SA.

During that time, Madonsela was accused of being a Central Intelligen­ce Agency spy.

She touched on her term of office on Monday, when speaking at the iDAfrica17 conference at the V&A Waterfront.

The investigat­ion practices she had used when compiling the state-capture report were evidence-based.

“We started with allegation­s. The first question is how to prove it. Some would suggest pictures and meetings. This is just one step.

“What does one do when that is not categorica­l. Technology does not lie. That is how you can say that Mr [Brian] Molefe was at Saxonwold at a certain time,” said Madonsela.

The State of Capture report included former Eskom CEO Molefe’s cellphone records, which showed that he had been in contact with one of the Gupta brothers more than 40 times.

Molefe has bemoaned the report, claiming that he had not been given a chance to comment on it before it was released to the public.

Addressing delegates at the conference, Madonsela said the use of technology and data capturing tools had empowered her office and enabled it to conduct informed investigat­ions.

“Another strong tool is bank records. In the past, handwritte­n records could be deleted.

“Now, bank records and systems capture transactio­ns forever. Technology is a means for administra­tive accountabi­lity,” she said.

If she used her investigat­ive skills appropriat­ely, it was unlikely that she would have compiled a report wrongly accusing any individual of impropriet­y, Madonsela said.

“I don’t know if Nkosazana Dlamini-Zuma was with these individual­s, for example, but technology can either vindicate or nail her,” said Madonsela, referring to pictures published in the Sunday Times showing Dlamini-Zuma photograph­ed with Adriano Mazzotti and a Phumelela Gaming and Leisure nonexecuti­ve director.

“If you look at state capture, the movement of drivers frequentin­g [the Gupta compound in] Saxonwold is also an indicator that can unravel the truth through technology,” she said.

 ?? /File picture ?? In pursuit of justice: Thuli Madonsela maintains she employed reliable techniques and proven investigat­ion practices in all her investigat­ions, including her State of Capture report, which painted President Jacob Zuma in a negative light.
/File picture In pursuit of justice: Thuli Madonsela maintains she employed reliable techniques and proven investigat­ion practices in all her investigat­ions, including her State of Capture report, which painted President Jacob Zuma in a negative light.

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