Potential breaches of ethics code

THULI Madonsela’s findings include the fact that President Jacob Zuma potentially violated the executive code of ethics by:

ý Possibly sharing state information to improperly benefit the Guptas.

“It is worrying that the Gupta family was aware or may have been aware that [then Finance] Minister [Nhlanhla] Nene was removed six weeks after Deputy Minister [Mcebisi] Jonas advised him that he had allegedly been offered a job by the Gupta family in exchange for extending favours to their family business,” the report states;

ý Apparently not acting on allegations that the Guptas offered Jonas cabinet posts, as required by law.

“Only the African National Congress and parliament seemed to have considered this worthy of examination or scrutiny. If this observation is correct, then the provisions of Section 2.3(c) of the Executive Ethics Code may have been infringed as alleged,” the report states;

ý Apparently not acting on allegations that the Guptas offered former ANC MP Vytjie Mentor cabinet posts, as required by law; and

ý Apparently not acting on “persistent allegations regarding an alleged cozy relationship between Mr Brian Molefe and the Gupta family”, as required by law.

“In this case, it is worth noting that such allegations are backed by evidence and [it is] a source of concern that nothing seems to have been done regardless of the duty imposed by Section 195 of the Constitution on relevant State functionaries,” the report states;

ý The cabinet potentially improperly interfered in the dispute between the Gupta-owned companies and banks.

“This needs to be looked at in relation to a possible conflict of interest between the President as head of state and his private interest as a friend and father as envisaged under section 2.3(c) of the Executive Ethics Code.”;

ý Zuma potentially exposed himself to a conflict between his official duty and his private interests through the use of state information to enrich himself and businesses owned by the Gupta family and his son through the awarding of state contracts, business financing and trading licences; It also says: ý It appears that the board at Eskom was improperly appointed and there appears to be no action [that] was taken on the part of the Minister of Public Enterprises as government stakeholder to prevent these apparent conflicts; and

ý Mineral Resources Minister Mosebenzi Zwane’s conduct with regard to his flight itinerary to Switzerland appears to be irregular.

ý It appears the Eskom board did not exercise a duty of care in the awarding of a contract to Tegeta, which may be a violation of section 50 of the PFMA.