CORRUPTION AND STATE CAPTURE
DA/Zuma: You must/I shan’t do as Madonsela directed on state capture
In her 2016 report, State of Capture, Public Protector Thuli Madonsela said a commission — appointed by the president and headed by a judge chosen by the chief justice — must investigate the allegations centred on the Gupta family. Zuma wants a court to review this forcing of his hand and the Democratic Alliance wants Zuma to do as he was told. Fallout: A judicial commission would pronounce definitively on the allegations made in the State of Capture report, but it would also delay resolution. Opposing such a commission legally, while saying he does not oppose it in principle, is not going down well, especially with the release of the leaked Gupta emails. Timing: The application to force Zuma to set up the commission is due to be heard on September 12 and 13. Zuma’s challenge is scheduled for October 25 and 26. But there are several actions under way to speed things up.
Zuma: The NPA was right to drop corruption charges against me
It has been 17 years since Zuma committed the acts that famously saw him fail to answer a supposed prima facie case of corruption. The DA has fought a marathon battle to set aside as irrational former National Prosecuting Authority (NPA) head Mokotedi Mpshe’s 2009 decision to drop the charges.
Fallout: For Zuma, this is the big one. If he fails to convince either the Supreme Court of Appeal or, perhaps later, the Constitutional Court The broad investigation into the legendary arms deal that Zuma launched voluntarily (shortly before the courts looked likely to force him to do so) was fraught and controversial. Corruption Watch and Right2Know still want to overturn its findings.
Fallout: The nongovernmental organisations are not looking for a rerun of the commission and the arms deal allegations against Zuma were not part of the commission’s terms of reference. But a finding by a court that the commission was a waste of time would boost the allegations against the president, which are rooted in the arms deal.
Timing: The matter is quickly devolving into a fight about delivery of the record of the commission, not unlike the fight in the Cabinet reshuffle case. By the best available guess it may see a hearing in early 2018.
Denel: Let us join up with a Gupta-associated letterbox company
The state arms manufacturer wants to enter into a joint venture with Gupta associate Salim Essa, who would own 49% of its envisaged Denel Asia subsidiary. And Denel Asia, the Gupta emails suggest, wanted to do business with the extended Gupta family in India. But Denel has yet to get the treasury to sign off on Denel Asia, hence its legal action.
Fallout: The case pitted the treasury, under former finance minister Pravin Gordhan, against one of the state-owned entities alleged to be captured. How it proceeds may be a signifier of the attitude of the new incumbent.
Timing: The matter is in abeyance, it seems. Denel, the treasury and their lawyers are singularly determined not to talk about it.
(Former) finance minister: Say we can’t interfere in Oakbay’s closed bank accounts
Gordhan wanted a court to declare that he could not interfere if banks decided to close the bank accounts of Gupta family companies. The Guptas said Gordhan was trying to further his “war” against them.
Fallout: In court, all the parties agreed that the minister was, by law, not allowed to interfere. But a loss for the minister would mean whoever is in the chair at the time will not have a court order to back him if, say, there is pressure on him or her. Timing: The case was heard at the end of March. Judgment is pending.
Freedom Under Law: NPA bosses Jiba and Mrwebi must be prosecuted
Fallout: Factional infighting and accusations that it is protecting Zuma have divided the NPA. Jiba and Mwrebi are viewed as key figures in the pro-Zuma faction.
Timing: The state and Jiba and Mrwebi have until August 15 to file new heads of argument. The pair also have an appeal pending to try to reverse the high court’s decision to strike them from the roll of advocates.
Ntlemeza: I should be reinstated as Hawks boss former NPA head Nxasana’s R17.3-million