DOWNLOAD: Public Protector’s State Capture Report

About this Article

As one of the two original complainants in the matter, I have today received a copy of the Public Protector’s report into State Capture in South Africa, entitled “State of Capture” (download here).

The release of the report is another victory for the Constitution, the rule of law, and the fight against corruption and state capture by the Jacob Zuma and the ANC.

Following the findings in this report, Jacob Zuma should do the honourable thing and resign. Given the scale of the state capture that is detailed in the report, which he has allowed and indeed fostered, he cannot continue in office. The Zuma presidency has been a blight on South Africa – only his resignation can help repair the damage he has caused.

The report finds evidence of significant wrongdoing, improper influence, conflicts of interest and outright corruption – much of which is new information, and all of which points directly to President Zuma, Duduzane Zuma and the Guptas. The manner in which Jacob Zuma has conducted himself is completely dishonourable and unbecoming of the nation’s President. He has actively tried to delay the release of this report, disrespected the Office of the Public Protector, and wasted millions of rands of public money in frivolous litigation.

On our initial reading of the report, we welcome the remedial action which requires the President to appoint, within 30 days, a commission of inquiry headed by a judge selected by the Chief Justice.

We welcome the remedial action requiring the Public Protector, in terms of section 6 (4) (c) (i) of the Public Protector Act, to bring to the notice of the National Prosecuting Authority and the DPCI those matters identified in this report where it appears crimes have been committed.

The most pertinent findings by the Public Protector’s report include:
• President Zuma improperly and in violation of the Executive Ethics Code, allowed members of the Gupta family and his son, Duduzane Zuma, to be involved in the process of removal and appointment of the Minister of Finance in December 2015;
• Deputy Minister Jonas was offered a job by the Gupta family in exchange for extending favours to their family business;
• Minister Van Rooyen – who replaced Minister Nene – can be placed at the Saxonwold area on at least seven occasions including on the day before he was announced as Minister;
• That between the period 2 August 2015 and 22 March 2016, Eskom CEO Brain Molefe has called Mr Ajay Gupta a total of 44 times and Mr Ajay Gupta has called Mr Molefe a total of 14 times;
• The Eskom board was improperly appointed;
• Zuma and the Executive failed to take action to verify Ms Mentor’s allegations, as well as Mr Maseka’s allegations, as well as regarding the alleged cozy relationship between Brian Molefe and the Guptas;
• President Zuma and other Cabinet members improperly interfered in the relationship between banks and Gupta owned companies;
• President Zuma improperly and in violation of the Executive Ethics Code used his position or information entrusted to him to enrich himself and businesses owned by the Gupta family and his son to be given preferential treatment in the award of state contracts, business financing and trading licences;
• The South African people were prejudiced by the conduct of President Zuma, in not following up on Jonas’s allegations;
• Minister Zwane’s trip to Switzerland was irregular;
• Eskom’s awarding of the coal contract to Tegeta was irregular;
• That government advertising was deliberately channeled to the Gupta’s newspaper, the New Age;
• That the President may have been in breach of his legal duties in failing to investigate these matters or put act against them.
If Zuma will not resign, we look forward to the DA’s Motion of No Confidence in President Zuma being debated in Parliament in the coming weeks. This affords Parliament the opportunity to end Jacob Zuma’s disastrous presidency by relieving him of his duties once and for all. This report gives additional weight to this Motion of No Confidence, and there is no reasonable excuse for the ANC in Parliament to reject this motion in support of Jacob Zuma.

Today our democracy has shown to be working. The people have spoken, the judiciary has acted, and were are one step closer to ending state capture and corruption by the ANC, once and for all.

Download State of Capture Report

5 YEARS LATER, WE'RE STILL WAITING FOR JUSTICE

The Farlam Commission Report was released over 2 years ago, but nothing has been done since then to provide closure on the greatest tragedy of our young democracy.


  • Fredericko Andries

    Victory… one of the first real steps to freedom for all and a better future for South Africans.

  • Boesman_Du_Toit

    GOD DOES NOT SLEEP..HE KNOWS EVERY ZUMA CADRE AND HE WILL WIN BECAUSE HE IS GOD AND HE CREATED MAN…NO MAN WILL SUCCEED WHO TRIES TO THWART GODS PLANS

  • Boesman_Du_Toit

    THE ETERNAL GOD HEARS THE PRAYERS OF THE PEOPLE AND THE POOR AS THEY CRY TO HIM DAY AND NIGHT WHILE THE ANC ROBS THEM OF A LIVELIHOOD AND SHELTER.

  • Warchylde

    Uhm, not sure if it is my place to say something BUT.

    The internal file date embedded when created a PDF states 2016/11/02 2:30:39 PM. That means this PDF was created today at 2:30:39 PM. You will note that the indexing is also broken due to the word document being edited and it’s table of contents not being updated before exporting as PDF.

    This means:
    1. The court cases by Zuma and Co were a delaying tactic so that they could get someone to:
    a. Convert it from the original PDF to MS Word, modify it and recreate the PDF before fixing the table of contents, thus implicating the custodian of the document since this fiasco started.
    b. They edited the original document and then converted it to PDF while failing to update the table of contents, implicating the current public protector as Thuli Madonsela would never release a Word document to the guilty parties at the receiving end of her audit.

    Either way, putting much stock in this document is a stretch as it cannot be concluded to be fully accurate to the original. The chain of custody and distribution needs to be audited and all guilty parties that either didn’t follow due care or due diligence will need to face legal proceedings.

    I would suggest the DA place a disclaimer on this post of yours that the authenticity of the document has been called into question.

  • Ina Faasen Chatwind

    Seeing as the whole ANC top guys are mentioned in the report – concerning the Guptas and the banks – can a special election not be implemented? Surely we can’t wait for 2019 to get rid of this incompetant, shady government?

    • Janet T-Tremaine

      Totally agree – a “snap” election due to unforeseen circumstances (as in the impeachment of Zuma and his Cabinet) would warrant this. However, a legal beagle would have to check the South African Constitution on “elections” to see if this is warranted.

    • Heinrich Nienaber

      Unfortunately our election terms can’t be moved, but they can put an interim President in until 2019

  • Me

    @ Warchylde – you are absolutely correct! There are modern software where you can convert a PDF document to Word in seconds. This is not uncommon. I deal with large Word documents of a commercial and/or legal nature on a daily basis and those kind of “Error!” references and modifying dates and time are common knowledge and proof that the document is not the original version and has been modified. Sloppy editing, whomever edited it obviously did not know the basics or how to cover their tracks by, deleting the evidence (i.e. Error references). I do not think for one minute this was the first time Adv. Madonsela ever worked on a document of this nature and then make it public but accidentally “missed” an important detail like that … nonetheless … the modifying date and time is the nail in the coffin, no way one can get past that! Technology 1 – Zupta’s 0

  • Janet T-Tremaine

    BRILLIANT work and I sincerely hope that the aim of removing Zuma and his cabinet from power will be the result.