SA can’t afford to let state capture inquiry collapse because of a lack of funding
Things are expected to heat up at the state capture commission of inquiry soon as deputy chief justice Raymond Zondo starts hearing testimony from key individuals and organisations implicated in allegations of corruption.
It is expected that former president Jacob Zuma will eventually come to the commission. Despite all his bravado — stating that he will defy a Constitutional Court order — the consequences of persisting with that approach are now clear, and Zuma seems likely to back off to avoid prison. It is yet to be seen, however, how exactly this will play out.
Zuma’s testimony to the commission is critical as he and his friends the Guptas sit at the heart of allegations of state capture. The inquiry is also waiting for the governing ANC to give its testimony.
The party and a number of its officials, past and present, have been implicated in testimony and will need to make themselves available for
questioning. The commission is already dealing with those seen to be key figures in the hollowing out of state-owned enterprises such as Eskom and Transnet, but some of those who have questions to answer are former cabinet ministers and current ones — Malusi Gigaba for example. And then there is President Cyril Ramaphosa, who was Zuma’s deputy for half of the decade of state capture and also has some explaining to do.
With only three months to go until the commission wraps up, having asked for and received another extension, it is worrying that it is facing financial difficulties. There have been complaints that it has been dragging on for too long and needs to complete its work. Finance minister Tito Mboweni said so, and there are many others with the same view. Their lament is justified, but if we want the commission to be able to tie up all the loose ends, the government needs to ensure it has the funds for it.
Business Day reported earlier in the week that investigators and lawyers contracted to the commission have not been paid since October, with some in effect working as volunteers and others taking on outside work. Various workstreams were set up at the commission, each one focusing on a different topic. If an investigator or advocate leading evidence on a workstream is unavailable having had to take on other work, it could slow down the inquiry.
The commission’s reason for not paying its lawyers and investigators is that the funding it expected from the government has been slow to come in.
The secretary, Itumeleng Mosala, said the tardiness is regrettable but that arrangements are in place to make money available soon.
The government needs to play its part to ensure the commission has the resources it needs to complete its work. On Wednesday justice minister Ronald Lamola gave assurances that the government would act and said his department will engage with the Treasury.
Did Mboweni know about the cash crunch when he boldly announced that the Treasury would not be dishing out more money to the commission? Was the justice department aware of it? Surely someone was told there was no money to pay those working for the commission?
We cannot afford to have the inquiry collapse because of funding issues. We need to put this chapter in our history to rest and hand over matters to law enforcement agencies to investigate and prosecute.
It is not only about funding, though, it is also a question of transparency. Just as we need transparency from those who appear before the commission, we need it from the inquiry itself. It is important to know who is working pro bono or volunteering and who is getting paid. This is critical, as many South Africans have complained about the large pay cheques of the commission’s staff. The public needs to know that these professionals were not participating purely for the money but that perhaps there was a higher calling in continuing with the job.
Many people bravely stood up and offered their services to the commission in the service of the country. It is not an easy job, and the investigators and lawyers who continued to work despite not being paid should be applauded.
The commission cannot afford to have questions about credibility hanging over its head while those who are at the centre of the allegations of looting and corruption try everything in their power to cast a cloud of doubt over its work. It should not have to keep quiet when there are issues around its funding, playing into the same cloak-and-dagger ways that led to state capture in the first place.
South Africans should know that the people working to uncover the extent of state capture have been doing their work at great personal cost. The advocates and investigators could simply have said they cannot continue to do their work if they are not getting paid, but it is clear that they have opted not to.
This all highlights the importance of the commission’s work. It is not about lining pockets with hefty fees — it is about the country. This is a lesson Mboweni can surely learn from.
THE GOVERNMENT NEEDS TO ENSURE THE COMMISSION HAS THE RESOURCES IT NEEDS TO COMPLETE ITS WORK