Experts say inquiry extension is essential

EXPERTS say they believe this week’s decision to extend the Zondo Commission of Inquiry into allegations of state capture is vital. They say the commission must continue with its work until the panel is satisfied, before concluding the inquiry.

The Zondo Commission is a public inquiry. It was launched by the government of former president Jacob Zuma in January 2018 after recommendations by the previous public protector, Thuli Madonsela.

The inquiry was formed to investigate allegations of state capture, corruption, fraud, and other allegations in the public sector, including organs of state.

Since its inception, the commission has shone a spotlight on corruption, maladministration, as well as the unethical manner in which some government officials, and business and political leaders have conducted themselves.

The commission was due to end today (Wednesday).

However, Deputy Chief Justice Raymond Zondo, the commission chairperson, approached the North Gauteng High Court for another three-month extension.

Justice Zondo initially approached the courts for an extension last February. The court granted an extension for the commission to sit until March 2021.

In February this year, Justice Zondo approached the courts again for a threemonth extension. It was granted.

However, he was cautioned that it would be the final extension given by the court.

Last week, Justice Zondo said he planned to approach the courts a final time for an extension until September.

In his latest application, he said he would request an extension so that the commission could hear from President Cyril Ramaphosa as well as six other witnesses who he had not named.

Earlier this year, Ramaphosa was questioned by the commission but as the head of the ANC.

His appearance thereafter would have been in the capacity of president of the country.

The court has granted a three-month extension for the commission to complete its work.

“The term within which the Judicial Commission of Inquiry into allegations of State capture, corruption and fraud in the public sector, including organs of State, is required to complete its work, is extended from 30 June 2021 to 30 September 2021,” said High Court Judge Selby Baqwa on Monday.

The judge said President Ramaphosa, as the first respondent, would have to give effect to the order by amending the commission’s terms of reference to include the extended period.

Experts told the POST this week that they supported the extension. They said they believed the commission should have time to complete its work diligently so that it did not taint the outcome of its work.

Sanusha Naidu, a political analyst, said: “There are two things at play here. Firstly, Justice Zondo cannot finish the work that he has to do.

“Remember, the president still has to appear as the president of the country, and Justice Zondo does not want to do a wishy-washy job.

“Second is the fact that Justice Zondo is saying he wants the extension so he can compile a cohesive report once the inquiry is over.

“On the other hand, we must think about the finances. Remember, Tito Mboweni, the finance minister, said there was no money for the commission to sit.

“The cost of the commission has been R800 million so far.

“However, when we look at the work of the commission and what it exposed, I say we should allow Justice Zondo the opportunity to wrap up the commission as he would want to so that no matter is not left unattended to.”

She said through the commission, South Africans have had a first look at issues around state capture, and they could begin to understand how it worked.

“It also shows how people are linked and their connections and the pull they have.”

Naidu said what was more important would be the report that Zondo released once the inquiry was over.

“It would be interesting to see what would be his recommendations and, most importantly, if criminal charges will follow.

“A lot of people freely gave evidence under oath at the commission. This can be used as evidence if it emerges that people were lying at the commission then they are perjuring themselves.”

Karthy Govender, a law expert, said: “A lot of people have been ducking and diving the commission because they knew the deadline was closing in.

“However, in the past weeks and months, a lot of information has unfolded, and it deeply implicated a lot of people.

“Given the amount that has already been paid, the commission and South Africans deserved the extra time to mop up all the information.

“The three months will allow for Justice Zondo’s report to be more comprehensive, and prosecutions will be successful.”

Govender said while the National Prosecuting Authority (NPA) did not have to wait before taking action against people that spoke during the inquiry, the report by Justice Zondo could act as evidence and assist in the process.

“If you look at the Guptas’ (business family accused of state capture) associates that have been arrested recently, it was from information that was dropped at the commission. The work of the commission has improved the reputation of the judiciary in the eyes of South Africans.”

Lawson Naidoo, the executive secretary of the Council for the Advancement of the South African Constitution, said they filed an affidavit in support of the commission.

“In our affidavit, we asked questions to the commission that we believed would have assisted the court to make its decision and show the court why it should grant the extension.

“One of the things we asked was if the commission had found funds for it to continue to run for three more months.

“Also, Justice Zondo said he needed to call about six more witnesses, and he deliberately did not name them.

“We asked if they know they would be called or if they were subpoenaed. This will be to ensure they do not give the commission the run-around if the extension is granted.

“Lastly, Justice Zondo said the work had begun on the report, and we asked that the information be shared with others like the Hawks and the NPA to fast-track prosecutions and take action against others.”

However, Professor Bheki Mngomezulu, a political analyst, said he had mixed feelings about the extension.

“When the commission first started, the expectations were high. Yet very little has happened since 2018.

“Some witnesses, before going to the commission, made a big thing, saying they would spill the beans, but nothing.

“Others lied to the commission, saying that at certain dates, they were with the Guptas in Asia.

“However, if you fact check, you will see that on the same date, the Guptas were in South Africa.

“When he (Justice Zondo) first asked for the extension, the courts gave him until June.

“Now the question is, what new evidence does Justice Zondo think he could get now that he could not get in the past few months?

“I don’t think extending the deadline would help.

“He said the president would appear as the president of the ANC and the president of the country ...

“Why isn’t he (Ramaphosa) also appearing in his own capacity?

“People have mentioned him in his own capacity during the inquiry, surely he should be questioned in that aspect as well?”