State capture commission will be lengthy: Mogoeng

CHIEF Justice Mogoeng Mogoeng yesterday said the commission of inquiry into state capture allegations would take longer than six months.

Mogoeng was speaking to Independent Media on the sidelines of the Conference of Constitutional Jurisdictions of Africa’s 9th Session of the Executive Bureau in Zimbali, north of Durban, yesterday.

He said the chairperson of the commission, Deputy Justice Raymond Zondo, had made it clear that he was not aware of any commission tasked with investigating something as serious as corruption and state capture that was able to complete its mandate within six months.

“He indicated that six months might be just too short to enable this commission of inquiry to be able to execute this mammoth task to its completion.”

Mogoeng said President Jacob Zuma should have sought legal advice to understand his mandate as the statutory authority of the constitution to determine whether the terms of reference in the commission into state capture are narrowed or broadened.

“All I know is that the constitutional responsibility to determine the terms of reference rests with the president as the constitutional statutory authority that has to determine the terms of reference. It is neither for the chief justice not for the chairperson of the commission to determine the terms of reference.”

He added that was not aware if Public Protector Busisiwe Mkhwebane had been approached to assist with determining the terms of reference after she had made herself available to assist in the process. Mkhwebane suggested that the terms of reference be broadened.

“I would imagine that in the process of determining the terms of reference it is open for the president to approach anybody who he thinks has the expertise to assist to contribute in shaping up the terms of reference approximately,” Mogoeng said.

He said that the critical importance of the commission was that it would be seized with a responsibility to investigate any alleged corruption and state capture.

“It’s a positive step towards the eradication of corruption for the investigation to happen.

“The outcome is not known, people may be found to have been involved in corrupt activities or they may be cleared of any involvement. We will have to wait for the outcome of the commission of inquiry and take it from there,” said Mogoeng.

The terms of reference have been a contentious issue with criticism levelled against those, including Mkhwebane, who have called for them to be broadened and not only focus on former Public Protector Thuli Madonsela’s report into state capture.

However Mogoeng said with Zuma aware of Madonsela’s report, and with the benefit of legal advice he would know what his powers in relation to the appointment of the inquiry and the determination of the terms of reference were.

“Based on that advice and his understanding of his mandate it would then be up to him to decide whether the terms are narrow or broad.”