Zondo Commission Final Report: What You Need to Know
The Zondo Commission, also known as the State Capture Commission, was a public inquiry established in January 2018 by former President Jacob Zuma to investigate allegations of state capture, corruption, and fraud in the public sector in South Africa. The commission, led by Chief Justice Raymond Zondo, concluded its hearings in August 2021 and submitted its final report to President Cyril Ramaphosa in June 2022. The report, which consists of six parts and over 5,000 pages, reveals how state resources were plundered and how political and economic decisions were influenced by a network of corrupt individuals and entities, especially the Gupta family, who had close ties with Zuma.
The report has been hailed as a landmark document that exposes the extent and impact of state capture on South Africa's democracy, governance, and development. It also makes several recommendations for legal action, institutional reform, and social accountability. In this article, we will provide you with an overview of what the report entails, how you can download it and access its contents, and what are its implications and challenges for South Africa's future.
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What is the Zondo Commission and why was it established?
The Zondo Commission was established in response to a 2016 report by the former Public Protector, Thuli Madonsela, titled State of Capture. The report implicated Zuma and other state officials in improper relationships with the Gupta family, a wealthy business clan that owned several companies that benefited from lucrative contracts with government departments and state-owned enterprises. The report also suggested that the Guptas had a hand in influencing cabinet appointments, policy decisions, and state tenders. Madonsela recommended that Zuma should appoint a commission of inquiry into state capture within 30 days.
Zuma initially challenged Madonsela's findings in court, but later agreed to appoint a commission after losing several legal battles. However, he insisted that he should have the power to choose the chairperson of the commission. The court ruled that this power should belong to the Chief Justice, who selected Deputy Chief Justice Raymond Zondo as the head of the inquiry. Zondo was assisted by several other officials, including former Auditor-General Terence Nombembe as the head of the investigations team.
The commission began its work in January 2018 with a mandate to investigate allegations of state capture, corruption, and fraud in the public sector from 2011 to 2018. It was initially given 180 days to complete its task, but it received eight extensions from the court due to the complexity and volume of evidence. It held more than 400 days of public hearings, during which it heard testimony from more than 300 witnesses, including former ministers, senior officials, whistleblowers, journalists, academics, activists, and businesspeople. It also collected more than 1.7 million pages of documents and one exabyte of data as evidence.
What are the main findings and recommendations of the report?
State capture and corruption at various state institutions and entities
The report provides a detailed account of how state capture and corruption occurred at various levels and sectors of government. It identifies patterns of abuse at every stage of public procurement, such as irregular tender processes, inflated prices, substandard goods and services, kickbacks, money laundering, tax evasion, and wasteful expenditure. It also shows how governance collapsed at several state-owned enterprises (SOEs), such as Eskom (electricity), Transnet (transport), Denel (defence), SAA (airlines), PRASA (railways), SABC ( broadcasting), and SARS (revenue). It also exposes how state capture and corruption affected key institutions that are meant to uphold the rule of law and accountability, such as the National Prosecuting Authority (NPA), the Hawks (specialized police unit), the State Security Agency (SSA), and the Office of the Public Protector.
The report names several individuals and entities that were involved in or benefited from state capture and corruption, either directly or indirectly. These include former President Jacob Zuma, his son Duduzane Zuma, his allies in the ANC and government, such as Ace Magashule, Malusi Gigaba, Mosebenzi Zwane, Faith Muthambi, Des van Rooyen, David Mahlobo, and Bongani Bongo, among others. It also implicates the Gupta family and their associates, such as Salim Essa, Iqbal Sharma, Ashu Chawla, Anoj Singh, Matshela Koko, Brian Molefe, Siyabonga Gama, Lucky Montana, Hlaudi Motsoeneng, Tom Moyane, and others. It also mentions several private companies that colluded with or facilitated state capture and corruption, such as McKinsey, Trillian, Regiments Capital, KPMG, SAP, Bain & Company, Bosasa, and others.
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The report makes several recommendations for legal action against the implicated individuals and entities. It urges the NPA to prosecute those who have committed criminal offences related to state capture and corruption. It also calls for civil litigation to recover the losses incurred by the state due to state capture and corruption. It also recommends that disciplinary action be taken against those who have breached their professional codes of conduct or ethics. It also suggests that sanctions be imposed on those who have violated international laws or norms.
The role of former President Jacob Zuma and the Gupta family
The report devotes a whole part to the role of former President Jacob Zuma and the Gupta family in state capture and corruption. It describes how Zuma abused his power and authority to enable and protect the Guptas and their interests. It also details how the Guptas used their influence and resources to manipulate and interfere with state affairs. It also reveals how Zuma and the Guptas enriched themselves and their cronies at the expense of the public.
The report provides evidence of several instances where Zuma acted in favour of the Guptas or against their opponents. These include: - Appointing or removing ministers and officials based on the Guptas' wishes or instructions - Intervening in or influencing policy decisions or state contracts that benefited the Guptas or their businesses - Ignoring or undermining reports or complaints that exposed the Guptas' wrongdoing or malfeasance - Obstructing or delaying investigations or prosecutions that targeted the Guptas or their associates - Defending or justifying the Guptas' actions or reputation in public or private - Receiving financial or other benefits from the Guptas or their associates The report also provides evidence of several instances where the Guptas acted in collusion with or against Zuma or other state actors. These include: - Offering or soliciting bribes, favours, jobs, or contracts to or from ministers, officials, politicians, or businesspeople - Leaking or obtaining confidential information or documents from or to state institutions or entities - Meddling in or influencing internal affairs or processes of state institutions or entities - Threatening or intimidating witnesses, whistleblowers, journalists, activists, or opponents - Creating or spreading propaganda or misinformation to advance their agenda or discredit their critics - Fleeing or evading justice when faced with legal action
The report concludes that Zuma and the Guptas were the main architects and beneficiaries of state capture and corruption in South Africa. It holds them accountable for undermining democracy, governance, and development in the country. It recommends that they be prosecuted for various offences related to state capture and corruption.
The impact of state capture on the economy and society
The report also assesses the impact of state capture on South Africa's economy and society. It estimates that state capture cost the country between R500 billion ($34 billion) and R1.5 trillion ($102 billion) in lost revenue, wasted expenditure, foregone growth, reduced investment, increased debt, eroded confidence, and diminished competitiveness. It also states that state capture contributed to rising poverty, inequality, unemployment , and social unrest. It also argues that state capture damaged the country's reputation, credibility, and sovereignty in the international arena.
The report highlights some of the sectors and areas that were most affected by state capture and corruption. These include: - Energy: The report exposes how Eskom, the state-owned power utility, was looted and mismanaged by the Guptas and their allies, resulting in massive losses, debt, load shedding, and environmental harm. It also reveals how the Guptas tried to influence the nuclear deal with Russia, which could have cost the country trillions of rands and compromised its energy security. - Transport: The report reveals how Transnet, the state-owned transport company, was plundered and mismanaged by the Guptas and their associates, resulting in inflated contracts, irregular payments, poor performance, and delayed projects. It also shows how the Guptas interfered with the operations of PRASA, the state-owned rail agency, which led to deterioration of infrastructure, services, and safety. - Defence: The report uncovers how Denel, the state-owned defence company, was captured and mismanaged by the Guptas and their cronies, resulting in financial losses, operational failures, strategic risks, and loss of skills. It also exposes how the Guptas tried to benefit from the arms deal with India, which involved irregularities and controversies. - Aviation: The report discloses how SAA, the state-owned airline, was captured and mismanaged by the Guptas and their allies, resulting in financial losses, operational challenges, governance breakdowns, and loss of market share. It also divulges how the Guptas tried to take over SA Express, another state-owned airline, which faced similar problems. - Broadcasting: The report reveals how SABC, the state-owned broadcaster, was captured and mismanaged by the Guptas and their associates, resulting in financial losses, editorial interference, censorship, propaganda, and loss of credibility. It also shows how the Guptas tried to launch their own media empire, which included ANN7 (television), The New Age (newspaper), and Infinity Media (online). - Revenue: The report exposes how SARS, the state revenue service, was captured and mismanaged by the Guptas and their allies, resulting in revenue shortfalls, tax evasion, illicit financial flows, institutional decay, and loss of trust. It also uncovers how the Guptas tried to evade taxes and launder money through various schemes and entities.
The report recommends that these sectors and areas be reformed and recovered through various measures. These include: - Strengthening governance and oversight at SOEs - Enhancing transparency and accountability in public procurement - Improving performance and efficiency at state institutions - Restoring public trust and confidence in state entities - Recovering lost or stolen funds from state capture - Promoting economic growth and development through state entities
How to download the report and access its contents?
The official website of the commission
The official website of the commission is . This is where you can find the full report of the commission in PDF format. You can download each part of the report separately or as a whole. You can also access other documents related to the commission's work, such as transcripts of hearings, submissions of evidence, affidavits of witnesses, and rulings of the chairperson. You can also watch videos of the hearings and read summaries of the testimonies. The website also provides information about the commission's mandate, terms of reference, regulations, and members.
The alternative sources of the report
If you have difficulty accessing the official website of the commission, you can also find the report from other sources. Some of the alternative sources are: - The Presidency: The Presidency has published the report on its website or access it through its e-library. You can also follow the proceedings of the committees and their engagements with the report. - The Media: Several media outlets have obtained copies of the report and have published it on their platforms. You can download the report from their websites or read their analysis and commentary on it. Some of the media outlets that have published the report are News24, Daily Maverick, Mail & Guardian, Business Day, Sowetan, and others. - The Civil Society: Several civil society organizations have also obtained copies of the report and have shared it with their members and supporters. You can download the report from their websites or join their campaigns and initiatives to promote its implementation. Some of the civil society organizations that have shared the report are Corruption Watch, OUTA, CASAC, Save South Africa, and others.
The summary and analysis of the report
If you do not have time or capacity to read the full report, you can also access its summary and analysis from various sources. Some of the sources that provide a summary and analysis of the report are: - The Commission: The commission has prepared a summary of its findings and recommendations in each part of the report. You can find these summaries at the beginning of each part or as separate documents on its website. The commission has also prepared an executive summary that covers the main points of the whole report. You can find this executive summary at the beginning of part one or as a separate document on its website. - The Experts: Several experts and academics have written articles or reports that provide an overview and critique of the report. You can find these articles or reports on their websites or publications. Some of the experts and academics that have written about the report are Professor Ivor Chipkin, Professor Mark Swilling, Professor Anton Harber, Professor Steven Friedman, Professor Thuli Madonsela, and others. - The Infographics: Several infographics and charts have been created to illustrate and simplify some of the key aspects of the report. You can find these infographics and charts on various websites or social media platforms. Some of the infographics and charts that have been created for the report are by Africa Check, Media Monitoring Africa, amaBhungane, and others.
What are the implications and challenges of the report?
The legal and political consequences for the implicated individuals and parties
The report has serious legal and political consequences for the individuals and parties that have been implicated in state capture and corruption. They face the risk of prosecution, litigation, sanction, discipline, or censure for their roles and actions. They also face the loss of public trust, support, or legitimacy for their positions and functions. They also face the challenge of defending themselves against the allegations and evidence against them.
Some of the legal and political consequences that have already occurred or are likely to occur as a result of the report are: - Zuma: Zuma has been sentenced to 15 months in prison for contempt of court after he defied the commission's summons to testify. He has also been charged with corruption, fraud, racketeering, and money laundering in relation to the arms deal and the Guptas. He has also been ordered to pay back some of the legal fees he incurred while in office. He has also been suspended from the ANC pending the outcome of his cases. He has also lost much of his influence and popularity among his supporters and allies. - Guptas: The Guptas have fled South Africa and are currently residing in Dubai, where they are wanted by Interpol for extradition. They have also been sanctioned by several countries, such as the US, UK, Canada, and India, for their involvement in state capture and corruption. They have also been sued by several entities, such as Eskom, Transnet, SARS, and NPA, for recovery of funds or damages. They have also been stripped of some of their assets and businesses in South Africa and abroad. - ANC: The ANC has been severely damaged by the report, which exposes its complicity and failure in addressing state capture and corruption. It has also been divided by internal factions and conflicts over the report and its recommendations. It has also been challenged by opposition parties and civil society groups over its accountability and credibility. It has also lost some of its support and confidence among voters and citizens. - Others: Several other individuals and entities that have been implicated in state capture and corruption have also faced legal or political consequences. Some have been arrested, charged, or convicted for various offences. Some have been fired, suspended, or resigned from their jobs or positions. Some have been investigated, audited, or reviewed by regulatory or oversight bodies. Some have been boycotted, protested, or criticized by public or private actors.
The public reaction and civil society initiatives
The report has also generated a lot of public reaction and civil society initiatives. The report has been widely discussed and debated by various stakeholders and sectors of society. The report has also been welcomed and applauded by many people who see it as a breakthrough and a milestone for justice and democracy. The report has also been criticized and challenged by some people who see it as biased or incomplete. The report has also sparked various actions and initiatives by civil society groups and individuals who want to ensure its implementation and follow-up. Some of the public reactions and civil society initiatives that have been observed or expected as a result of the report are: - Support: Many people have expressed their support and appreciation for the commission and its report. They have praised the commission for its professionalism, integrity, and courage. They have also commended the report for its thoroughness, clarity, and relevance. They have also called on the government and other stakeholders to act on the report's recommendations and hold the perpetrators accountable. - Resistance: Some people have expressed their resistance and opposition to the commission and its report. They have accused the commission of being biased, selective, or influenced by external forces. They have also questioned the report's validity, accuracy, or completeness. They have also tried to undermine or discredit the report's findings and recommendations. They have also vowed to challenge or appeal the report's outcomes in court or other forums. - Mobilization: Some civil society groups and individuals have mobilized themselves to promote or protect the report and its implementation. They have organized campaigns, petitions, marches, rallies, or events to raise awareness, demand action, or show solidarity. They have also formed coalitions, networks, or platforms to coordinate, monitor, or support the report's follow-up. They have also engaged with the government, the parliament, the judiciary, or other stakeholders to influence, advise, or assist them in implementing the report's recommendations. - Innovation: Some civil society groups and individuals have innovated themselves to enhance or supplement the report and its impact. They have created tools, resources, or platforms to disseminate, analyze, or visualize the report and its contents. They have also developed solutions, models, or projects to address some of the issues or challenges raised by the report. They have also initiated dialogues, forums, or workshops to discuss, learn from, or build on the report and its lessons.
The reform and recovery efforts by the current government
The report has also prompted various reform and recovery efforts by the current government led by President Cyril Ramaphosa. The government has committed itself to implement the report's recommendations and take decisive action against state capture and corruption. The government has also embarked on various initiatives to restore good governance, improve service delivery, stimulate economic growth, and foster social cohesion in the country. Some of the reform and recovery efforts that have been undertaken or planned by the government as a result of the report are: - Prosecution: The government has empowered and supported the NPA to prosecute those who are implicated in state capture and corruption. It has appointed a new National Director of Public Prosecutions (NDPP), Shamila Batohi, who has established a special unit called Investigating Directorate (ID) to deal with high-profile cases of state capture and corruption. It has also allocated more resources and capacity to the NPA and other law enforcement agencies to pursue cases of state capture and corruption. It has also cooperated with other countries and organizations to track and recover the assets and funds that were stolen or laundered by state capture and corruption. - Reform: The government has implemented various reforms to prevent and combat state capture and corruption. It has introduced new legislation, policies, and regulations to strengthen governance, oversight, and accountability in the public sector. It has also restructured, reconfigured, or replaced some of the state institutions or entities that were captured or corrupted by state capture and corruption. It has also appointed new boards, executives, or managers to lead and manage these institutions or entities. It has also enhanced the capacity, skills, and integrity of the public servants who work in these institutions or entities. - Recovery: The government has initiated various recovery measures to address the damage and losses caused by state capture and corruption. It has launched a stimulus package, an infrastructure plan, an investment drive, and a job creation initiative to boost the economy and create opportunities for growth and development. It has also implemented a social relief program, a health response plan, an education recovery plan, and a social cohesion strategy to support the people and communities who have been affected by state capture and corruption. It has also engaged with various stakeholders, such as business, labour, civil society, and international partners, to mobilize resources, build partnerships, and foster collaboration for recovery.
Conclusion
The Zondo Commission Final Report is a historic document that exposes the truth and consequences of state capture and corruption in South Africa. It is also a visionary document that provides recommendations and guidance for action and reform in South Africa. It is also a living document that requires constant attention and engagement from all sectors and segments of society. It is not the end of the journey, but the beginning of a new chapter for South Africa.
The report challenges us to confront the past, understand the present, and shape the future of our country. It challenges us to acknowledge our mistakes, learn from our experiences, and change our behavior. It challenges us to uphold our values, principles, and ideals, and defend our rights, freedoms, and democracy. It challenges us to work together, cooperate with each other, and trust each other. It challenges us to build a better South Africa for ourselves and for generations to come.
FAQs
Here are some of the frequently asked questions (FAQs) about the Zondo Commission Final Report:
Question
Answer
When was the report released?
The report was released on June 20, 2023 by President Cyril Ramaphosa after he received it from Chief Justice Raymond Zondo on June 15, 2023.
Where can I find the report?
You can find the report on the official website of the commission , or various media outlets or civil society organizations.
How long is the report?
The report consists of six parts and over 5,000 pages. Each part covers a different aspect or theme of state capture and corruption. The parts are: - Part One: Introduction - Part Two: State Capture - Part Three: Corruption - Part Four: The Role of Former President Jacob Zuma - Part Five: The Role of The Gupta Family - Part Six: Recommendations
What are the main recommendations of the report?
The report makes several recommendations for legal action, institutional reform, and social accountability. Some of the main recommendations are: - Prosecute those who have committed criminal offences related to state capture and corruption - Recover the losses incurred by the state due to state capture and corruption - Reform governance and oversight at SOEs - Enhance transparency and accountability in public procurement - Improve performance and efficiency at state institutions - Restore public trust and confidence in state entities - Promote economic growth and development through state entities
What are the next steps after the report?
The next steps after the report are: - The President will study the report and consult with relevant stakeholders on its implementation - The Parliament will consider the report and oversee its implementation - The Judiciary will adjudicate on any legal matters arising from the report - The NPA will prosecute any criminal cases arising from the report - The Civil Society will monitor and support the implementation of the report - The Public will engage with and participate in the implementation of the report
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