The Public Protector’s State Capture Report is a lengthy read, coming in at 355 pages and a lot of legal jargon… we’ve highlighted 12 of the most important points for you.
The office of the Public Protector released the State of Capture report on Wednesday afternoon, after the North Gauteng High Court ruled that it be made public before 5pm.
Produced by former Public Protector, Thuli Madonsela, the report finds evidence of corruption and is critical of the executive for failing to act on claims that there had been interference in the appointment of cabinet ministers.
The report orders President Jacob Zuma to appoint a commission of inquiry within 30 days and be headed by a judge who has the same powers as the public protector.
You can read the 355 page document here or check out the 12 highlighted points below.
News24, The Citizen, & Times Live have all highlighted different points but we’ve collated the Top 12 that seem to be standard across the board.
1) Zuma failed to investigate anything even though it was already public
There is no evidence indicating that Zuma as head of the executive did anything to investigate claims made by Deputy Finance Minister Mcebisi Jonas that the Guptas had offered him the finance minister post in December last year before Nhlanhla Nene was sacked from his position. This is despite the fact that the allagetions were in the public domain.
2) Zuma must appoint a commission of inquiry
Madonsela’s report recommends that the president appoint a judicial commission of inquiry to deal with state capture. This commission must be headed by a judge solely selected by the Chief Justice‚ Mogoeng Mogoeng.
3) Jonas’s claims about Gupta Treasury job
The report reveals that Madonsela obtained and analysed the telephone records of people implicated by Deputy Finance Minister Mcebisi Jonas in offering him the top job at the Treasury.
Jonas, in his discussion with Finance Minister Pravin Gordhan about the Guptas offering him Nene’s job, “stated that they [the Guptas] informed him they made R6 billion from the State and wanted to increase it to R8 billion.” The family apparently also said they can report ministers who refuse to take their orders to their superiours to deal with them.
4) Optimum mine purchase ‘highly suspicious’
The state capture report has found that India’s Bank of Baroda played a “highly suspicious” role in the R2-billion purchase of Optimum Coal Holdings by Gupta-owned Tegeta Exploration and Resources.
5) The Eskom connection
Eskom features prominently in the state capture report which sheds light on the close friendship between its CEO Brian Molefe and the Gupta family.
Eskom CEO Brain Molefe is friends with members of the Gupta family, according to the report’s evidence and information obtained. In his interview with Madonsela, Ajay Gupta admitted that Molefe was a “very good friend” and often visited his home in Saxonwold, Johannesburg. Molefe previously confirmed their friendship in a media interview and has always said he sees nothing wrong with the state doing business with the Guptas.
Cell phone records show that Molefe and Ajay Gupta exchanged 58 calls in eight months between 2015 and 2016.
6) SABC link to Guptas
The state capture report shows Madonsela interviewed Economic Freedom Fighters leader Julius Malema and Sports Minister Fikile Mbalula for her probe into alleged state capture at the SABC. In her report, she proposes that any contract or contracts awarded to the Gupta owned New Age newspaper or TNA Media by the SABC should be investigated.
7) Controversial ties with mystery arms dealers
The Public Protector’s report reveals how alleged arms deal kingpin Fana Hlongwane claimed he was like an “uncle” to President Jacob Zuma’s son Duduzane. Fana Hlongwane is an enigmatic character who has avoided close scrutiny over the years despite his name often surfacing at the centre of major controversies.
8) Van Rooyen visited the Guptas… a lot!
According to the report, 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. Madonsela said, “This looks anomalous given that at the time he was a member of Parliament based in Cape Town.”
9) Zuma made it difficult for some ministers to perform
Former public enterprises minister Barbara Hogan told Madonsela in her interview that Zuma made it “very difficult for her to perform her job”. It adds: “At a certain point he would not even allow her to appoint a director-general in her department.” all of this is related to her time as the minister of public enterprises before she was sacked by Zuma in one of his numerous Cabinet reshuffle.
10) Guptas threatened to get rid of ministers
Ajay Gupta apparently said Treasury was a stumbling block; he needed to get rid of its director-general Lungisa Fuzile and other key officials.
11) ANC, Zuma have yet to comment
The president has said he will study the report before deciding on what action to take, while the ANC says it will comment on the report on Thursday.
Zuma will consider the report before deciding on possible legal action – Presidency
12) Zuma may have to pay back the money… again
The high court in Pretoria said the president should pay the costs of the withdrawal of the application on an attorney and client scale. The question of whether Zuma should pay these costs in his personal capacity was reserved. Gauteng Judge President Dunstan Mlambo requested the parties to file supplemental papers on this question within seven days.