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Dudu Myeni (Photo by Gallo Images / Thapelo Maphakela)
- The anti-corruption bodies have welcomed the decision of the state capture commission to file a criminal complaint against the former president of the SAA for revealing the name of a secret witness.
- The complaint would send a strong message that the commission protects witnesses, they say.
- However, there are concerns that the NPA may not be able to resolve the case quickly.
Supreme Court Vice President Raymond Zondo’s announcement that the State Capture Commission will file a criminal complaint against former SAA chairman Dudu Myeni will send a strong message to naysayers that witness intimidation will not be tolerated, they say. groups fighting corruption.
Zondo announced on Friday that he had ordered the commission secretary to file a criminal complaint against Myeni after she, in early November, released the name of a key witness whom she believed to be “Mr. X”, whose identity she was supposed to be. keep secret.
Zondo said Myeni subsequently provided an affidavit to the commission in which he attempted to explain his conduct. But after examining the affidavit, she said the commission felt a criminal complaint should be filed against her.
“I have instructed the legal team to assist the secretary and prepare the necessary documentation so that the commission secretary can file a criminal complaint against Ms. Dudu Myeni or the police investigate a possible violation of Section 5 of the Commission Law or Regulation 9 of the Commission’s Regulations, ”he said.
The announcement now puts the ball directly in the court of the National Fiscal Authority, said the civil rights group Organization Undo Fiscal Abuse (OUTA).
Meanwhile, Corruption Watch said that in light of inadequate resources and a lack of staff hampering the NPA, time will tell if whistleblowers feel protected again.
Since August 2018, the commission has been investigating allegations of state capture, corruption, and fraud in state entities.
Secret witness
Zondo had ordered that no witnesses reveal Mr. X’s identity, as he was convinced that the witness feared for his safety and that of his family.
In February this year, News24 reported that Mr. X claimed that his company received more than R3 million between October 2015 and February 2016 from a corporation owned by Myeni’s son Thalente.
When Myeni named the person he believed to be Mr. X, the Vice President of the Supreme Court said that his conduct would discourage other witnesses who wanted to testify before the commission, seriously undermining his work in the process.
OUTA CEO Wayne Duvenage said Friday that once the complaint was filed, the NPA would have done its own investigation. But because the tax authority was overwhelmed by work and its budget was slashed while it still tried to build capacity, it was not easy to say how quickly Myeni could be prosecuted.
“But this is still a much better situation to be in as a nation because the rule of law should start to flow,” he said.
Duvenage said that in his opinion, the Hawks and the NPA should be sitting on Zondo’s committee every day looking for evidence so that what is said there can quickly turn into criminal charges.
Corruption Watch CEO David Lewis said it appeared the former SAA chairman revealed X’s identity on purpose.
“This does not appear to have been a mistake and it is appropriate to be charged for it. It is the scariest event. I don’t know how far it will go, but it would have been terrible for other witnesses. if only Zondo hadn’t charged him for that, “he said.
However, the criminal complaint alone does not send the message that people cannot undermine the commission and get away with it.
This, coupled with Zondo’s decision to file a criminal complaint against former President Jacob Zuma for escaping from the commission after the Vice President of the Supreme Court refused to recuse himself, demonstrated that there was a serious attempt to protect the integrity of the investigation. state capture. and his witnesses, Lewis said.
