Thuli’s state capture report shows devil is in the detail
THERE is a theory going around in journalistic circles that former public protector Thuli Madonsela’s state capture report doesn’t tell us much more than careful followers of the media already know.
This theory is based on the observation that the key incidents in the report actually follow from newspaper articles, particularly those regarding Deputy Finance Minister Mcebisi Jonas, former MP Vytjie Mentor, former Government Communication and Information System chief executive Themba Maseko and the Optimum coal mine.
I don’t think this is true at all, partly because the report finds corroborating evidence, but also because the devil is in the detail.
And the report brings many devils to light. Take the example of the alleged offer by Ajay Gupta of the position of finance minister to Jonas. The story was originally broken by the Financial Times and it was subsequently confirmed by Jonas himself in March.
What we knew before the report was published was that Jonas was offered the position, that he rejected the idea immediately and that he reported it to his seniors. Later, it became clear that the person who set up the meeting was none other than Fana Hlongwane.
Hlongwane is an interesting character. He was adviser to former defence minister Joe Modise and was allegedly the point man for the corruption surrounding the arms deal.
He is often described as the “arms deal playboy” because of his enormous properties and fleet of sports cars, but he has amazingly managed to dodge serious trouble.
At the Seriti commission into the arms deal, he denied there had been any corruption. Laughably, the commission didn’t cross-question Hlongwane because it did not regard its function as discovering the truth. It claimed it was up to the parties who were claiming corruption to prove it, and, alas, they weren’t there.
Hlongwane sent a letter to the public protector in which he once again claimed this incident was all entirely innocent. The letter, published previously in the press, was published again in the report. It claims he, Hlongwane, was made aware by Duduzane Zuma, the president’s son, that Jonas had made statements that he was being blackmailed by Hlongwane.
A meeting was arranged between the three of them, initially at the Hyatt hotel, and then it was moved to the Guptas’ household.
Jonas told the group he couldn’t recall any comments about blackmail. During the discussion, a Gupta family member entered the room briefly and then left, Hlongwane claims, and he ends his letter saying: “I categorically deny that there was ever a discussion or offer, by anybody, of any government position to deputy minister Jonas. No commercial discussion took place either.”
Jonas’s version is entirely different. He was enticed by Duduzane Zuma to meet Hlongwane, and then on the pretext that the meeting place was too noisy, he was taken to the Gupta compound. He had never been there before and didn’t know he was being taken to this venue.
Media reports have focused on the claim that Ajay Gupta offered Jonas R600 000 in cash immediately and R600-million to be deposited in an account of his choice. There was even the amusing detail that he was asked whether he had a bag to carry the money. Seemingly, there was lots of cash around the house but no bags.
But the report points out something else here that the media has not covered – the meeting didn’t start with blandishments. Gupta started with an implied threat. Gupta informed Jonas they had been gathering intelligence on him “and those close to him”.
Gupta said they were all “well aware of his activities and his connections” and they knew he was part of a faction created to undermine the president. This faction includes, in the mind of the Guptas, ANC secretary-general Gwede Mantashe and treasurer Zweli Mkhize.
It was when Jonas was leaving that Gupta allegedly made the bribe offer. It was only when it became clear the stick was not going to work that the carrot came out
Jonas didn’t previously mention the bribe offer partly, one suspects, because not reporting corruption is a crime. Perhaps he thought the offer was frivolous and without merit. Whatever the case, he reported it to his seniors. And they reported it to Zuma.
So now, the Hawks are investigating Jonas, Mantashe and others, not for what they did do, but what they didn’t do. Fair enough.
There is only one problem here. If they do that, they are also obliged to arrest the president for the same thing, since he was informed of the bribe. After all, it was his right to appoint cabinet ministers that was being usurped and his responsibility as head of government to investigate.
But why, one asks, fully knowing the answer, are they being investigated and not the person who allegedly offered the bribe?