When looking at the dozens, or hundreds, of cases that need to be examined by the NPA, it is important to know that not all the headlines that screamed “Scandal!” over the last 15 years or so can actually result in convictions. Some of them may not involve situations in which the law was broken, others may involve events where it is impossible to prove criminal conduct. But cases that are never prosecuted are damaging to the people who are publicly named. They cannot clear their names unless a judge makes a decision about whether they are guilty. It is thus important for the NPA to actually look at these cases and then determine whether to proceed or not. If the answer is “or not”, then a proper explanation must be given to the public.

There is also the matter of that which can be condemned as morally wrong by many people not necessarily amounting to illegal conduct. Judges in the Supreme Court of Appeal have made stinging criticism of people in high office in the NPA, including now suspended deputy head Advocate Nomgcobo Jiba. But she has not been accused of criminal conduct, and such a case would surely not make it past the first hearing.

Then there are other cases where there is massive public outrage, correctly so, but no real criminal case. It may be, for example, that a former president received the benefit of huge government investment in his homestead. But proving criminal conduct is probably impossible, because of the way the law works. Then there is the problem of time. The Arms Deal has been investigated many times. An SCA judge came to the conclusion that “there is not an iota of evidence” of wrongdoing. Very few people believe that, but events transpired so long ago that convictions may be impossible.

Then there are cases that might have huge political implications but are not necessarily the easiest to prove. It may be that Julius Malema is guilty of wrongdoing in Limpopo in the years before 2011. But an upcoming election cannot be given as a reason by a prosecutor to prioritise that case. The wheels of justice must move at their own speed, not the speed that some politicians (or even some voters) would like.

That said, there is a long list of cases that have the potential to cause huge political upsets. Many of them are probably prosecutable in a short space of time, in other words, there is evidence that is available. Others may require much more investigation first. Which might mean that the Hawks are the ones on whom the burden should fall before the cases go to the NPA.

The list that follows is in no particular order. Each one has its own political weight, and a successful prosecution would have its own impact.

Ace Magashule and the Estina Dairy project is perhaps one of the most important because of the balance of power in the ANC that it involves. Evidence from the #GuptaLeaks emails shows how money meant for emerging farmers in the Free State ended up being used to pay for the Guptas’ wedding at Sun City in 2013. Earlier in 2018 Magashule’s office, as the then premier of the Free State, was raided by the Hawks, an obvious suggestion they believe he will have a case to answer. The political consequences being proffered against a sitting ANC secretary-general would be huge.

Julius Malema appears to face strong claims against him in Limpopo. Currently, the NPA says investigators are “wrapping up loose ends” in the case that was first brought to court in 2015, and then dropped. It involves evidence that Malema was controlling tenders through the Limpopo Provincial Government, and then Premier Cassel Mathale. Were Malema to stand trial, he would be likely to claim he is the victim of a political prosecution. But were he found guilty, it may well be the end of the Economic Freedom Fighters as a potent political force.

The VBS scandal has implications that are almost too big to comprehend. It involves figures from both the ANC and the EFF. It was ANC mayors who put their municipalities’ money into the bank, from where it was looted. And yet somehow EFF leaders appear to have benefited from it as well. But this case has clear evidence of wrongdoing because the bank payments have left a trail that is detailed in the report “The Great Bank Heist”.

Then there is the Zuma family. Former President Jacob Zuma is already facing corruption charges relating to his relationship with Schabir Shaik. But it is possible that other charges, stemming from the Zondo Commission of Inquiry into State Capture, could appear. Certainly, after the evidence put up by Ngoako Ramatlhodi, it appears others may link Zuma to certain events. Putting a former president on trial may only involve history, but it will also remove the most important figurehead his supporters have in the ANC.

Then there is Zuma’s son, Duduzane Zuma, who has denied all claims of involvement in State Capture, but as the person most intimately acquainted with the Guptas, it seems impossible that he can escape prosecution. He is also facing a charge of culpable homicide, stemming from the car incident in which he allegedly killed a woman when his Porsche slammed into a taxi.

One of the biggest prosecutions will stem from within Eskom. Former CEO Brian Molefe, former Chair Ben Ngubane and others could all be legally accused of corruption. Former Public Protector Advocate Thuli Madonsela found how they had tried to put pressure on Ramatlhodi to close down the Optimum coal mine. The fact that that mine is now not operating properly after the Guptas “bought it” with money from Eskom is a contributing factor to the load shedding we experienced this month. Former Acting Eskom CEO Matshela Koko, he who currently has “promoted tweets” about Eskom, was accused of helping his stepdaughter receive a tender worth R1-billion. Yes, that’s “R1-billion”.

Then there is the former SABC Chief Operating Officer Hlaudi Motsoeneng. He received huge payouts from the broadcaster that is now broke. He also signed deals charitably described as “questionable” with MultiChoice. There is surely evidence of criminal activity against him.

Linked to him is Faith Muthambi, the former Minister of Communications. She protected Motsoeneng, but also emailed confidential Cabinet information to the Guptas.

At some point, surely, there is also a criminal case for Bathabile Dlamini to answer. She is currently the Minister in the Presidency for Women. But has been found by the Constitutional Court to have misled the court over the social grants payment system crisis.

And Nomvula Mokonyane, still in Cabinet as the Minister for Environmental Affairs, has been publicly accused, by her own Cabinet colleague, new Water Affairs Minister Gugile Nkwinti, of leaving the department in a “shambles”. There is also evidence that she allowed someone else from outside the department to issue instructions to her senior officials. He is Luvo Makasi, who is also the Chair of the Central Energy Fund. He confirmed on air that he was appointed to this position at the age of 33 after trading in energy for just six years.

To step away from the people linked directly to Zuma, there is plenty of evidence of other criminality that surely deserves to be investigated. Qedani Mahlangu, the Gauteng Health MEC who is responsible for the 144 (and counting) people who died during the Esidimeni scandal, has still not been charged but has been re-elected to the Gauteng ANC’s provincial executive committee. Brian Hlongwa, the former Gauteng ANC Chief Whip, is accused by the Special Investigating Unit of benefiting from a billion rands worth of corruption while he was Gauteng Health MEC between 2006 and 2009.

Then there is a case that possibly involves the most money of all, yet attracts the least attention. It is the scandal around how our strategic fuel stocks were sold when the oil price was at its lowest in many years. In this situation, the facts show that someone must have benefited. Instead of any punishment, the then Energy Minister Tina Joemat-Pettersson was given a R2.2-million “once-off gratuity”. In case there is any doubt as to what happened here, money was diverted from a solar power project (which could have been useful during an era of load shedding) and paid to the departing Minister.

Also, Mosebenzi Zwane. Then everyone who has ever sent classified information to the Guptas, as documented in the #GuptaLeaks. The Gupta minions.

The Greatest money gobbler of them all: Steinhoff.

And thousands of others. Literally. It is nigh impossible to provide an exhaustive list of cases involving politicians and crooked businesspeople who could, and should, be prosecuted by the NPA. Each situation would require a legal determination about whether there is a chance of a successful prosecution. There are also cases that appear to have huge implications, but are nowhere near able to be prosecuted. This applies to the claims in The New York Times that Deputy President David Mabuza may have used government money for internal political contests – a claim that Mabuza has denied. The Hawks would have to investigate properly before any charges can be laid.

It also appears unlikely that all these cases will be prosecuted. There are too many, and too much other work to do. There will be inevitable problems with capacity. Many of those implicated will have the resources to hire top class legal talent. However, all of these cases may be important, because they involve the misuse of money that should have been spent on water provision, or trains, and simply helping those who have nothing. DM