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Vice President of the Supreme Court Raymond Zondo. (Photo: Gallo Images / Sowetan / Veli Nhlapo)
More than 20 civil society organizations have written an open letter to Supreme Court Vice President Raymond Zondo highlighting a list of witnesses who they believe should be prioritized during the Commission of Inquiry on State Capture, saying that the commission should use all its power to force them to appear. before that. The group believes that the list of prominent witnesses will be instrumental in strengthening the commission’s work.
At the beginning of 2020, the group had sent its own Zondo Commission “Action Agenda”What they considered would strengthen the work of the commission. While they praised the commission’s firm stance on former president Jacob Zuma’s appearance before it, they said they were concerned that the commission would deliver its recommendations in the next five months and wanted to know whether unheard cases would be referred to other anti-corruption states. agencies for further investigation.
The group reaffirmed that it supported the restricted terms of reference that would allow the commission to carry out its work more efficiently. They highlighted that through the group’s working committee they had unearthed that State Capture actors went beyond the Guptas, but also extended to banks, consulting firms, law firms and audit firms.
Hennie van Vuuren, director of the civil society organization Open Secrets, said “If the public wants a checklist to monitor the effectiveness of the Zondo Commission in its final months, this is it. We want to see the powerful brought before the commission to answer for their alleged crimes against the people; There should be no exception for corporations or powerful politicians.
“Earlier this year, civil society groups similarly presented an Action Agenda to the commission and we need to see significant commitment to the content of these presentations and documents. We will closely follow the work of the commission in the coming weeks. Ultimately, we need him to do a thorough job and facilitate the prosecution process. ”
This is the full letter:
Dear Judge Zondo,
We write to you as concerned members of the Civil Society Task Force on State Capture, which represents more than 20 civil society organizations. In just five months, the Commission must present its conclusions on the allegations of state capture before it. The public is looking to the Commission for powerful findings that fully expose all those responsible and complicit in the state’s capture, and that provide a path to accountability and redress.
In late February 2020, the Civil Society Task Force on State Capture released their joint submission to the Zondo Commission: An action agenda. The Action Agenda is based on detailed presentations made to the Zondo Commission by organizations of the Working Group.
We congratulate the Commission for its tough stance against former President Zuma, whose testimony is vital to uncovering the truth about the state’s capture. The capture of the state is profound, millions of people in our country have been deeply affected by corruption and the capture of the state. On October 12, 2019, the Working Group hosted the Popular hearing on state capture and heard testimonies from affected members of the public, community leaders Y activists on how state capture has impacted their lives and their communities.
In 2019, the Commission made the decision to restrict its mandate in order to be able to complete its mandate in a timely and complete manner. Civil society supported the decision to focus on damning complaints in the report ‘Capture del Estado’ by the Public Protector completed in 2016.
The terms of reference require the Commission to rule on the conduct and role of former President Zuma during his tenure as president, numerous complaints against the Gupta family, and the role played by numerous private companies and individuals in connection with the state capture in the state. Owned companies including Eskom, Prasa, Denel, Transnet, Bosasa, Free State (Estina dairy farm and asbestos cases), and SAA.
Judge Zondo, we believe it is crucial, now more than ever, that the Commission compel key actors to appear before it and answer the important and pressing questions about their role in the capture of the State and corruption. We applaud your commitment and determination to hear evidence from all material witnesses in the remaining time.
You confirmed during a press conference on June 4, 2020 that, for the sake of time, priority would be given to key witnesses. We now urge the Commission to use the full extent of its powers to compel key witnesses and implicated parties to appear before it, as considered in August 2020.
In light of the limited time remaining for the Commission to fulfill its mandate, we continue our efforts to support the Commission’s work to hold these powerful actors to account, without fear or favor, by sharing a ‘Key List of Witnesses to Capture the Status’ (find attached) showing people who can share vital information with the Commission in accordance with its terms of reference. This list is not exhaustive, but we strongly believe that these individuals and corporations will add great value to the Commission’s findings.
This list is based on solid, evidence-based work in progress from the Civil Society Working Group on State Capture and it contains a wide range of actors, including public officials, individuals and private companies. It is clear that the state’s capture network was not just about the Gupta family and corrupt politicians and public servants. Large corporations, including private banks, consulting firms, law firms, and auditing firms have also played a role.
Only when these key players come in and share their knowledge with the Commission, and the public has a proper view of how the State capture works, will the Commission have done its duty and present robust findings that address not only the symptoms, but also the roots of state capture.
The Civil Society Task Force on State Capture continues to support the Commission’s work and upholds corrupt actors to account. Judge Zondo, we believe that calling these witnesses is essential to the Commission’s success in exposing the state’s capture networks that continue to present a fundamental challenge to the well-being of South Africa and those who live within it.
Also, given the upcoming deadlines for the Commission to complete its work, please indicate whether cases that have not been completed will be referred to other state anti-corruption agencies for investigation. If this is the intention of the Commission, who will be responsible for overseeing the investigation of these matters in the future, and by when will these cases be referred and how will this information be made public?
In solidarity against the capture of the State.
Yours sincerely,
This letter is endorsed by the following CSWG organizations:
Alternative Development and Information Center (AIDC)
Black sash
Center for Applied Legal Studies (CALS)
Corruption Watch (CW)
Council for the Advancement of the Constitution of South Africa (CASAC)
Equitable Education (EE)
Freedom under the law (FUL)
Legal Resource Center (LRC)
MyVoteCounts (MVC)
Open secrets (SO)
Organization that undoes tax abuse (OUTA)
Public Affairs Research Institute (PARI)
Public Service Responsibility Monitor (PSAM)
Right2Know (R2K)
Rural Health Promotion Project (RHAP)
SECTION 27 (S27)
Southern African Religious Communities Environment Institute (SAFCEI)
Treatment Action Campaign (TAC)
Women and Democracy Initiative (WDI)
DM / MC
