South Africa

ZONDO LIST, PART THREE

The people and businesses the State Capture Commission recommends for prosecution by the NPA

Illustrative image | Sources clockwise from left: Lawrence Mrwebi. (Photo: Gallo Images / Phill Magakoe) | Nomvula Mokonyane. (Photo: Lucky Nxumalo) | Nomgcobo Jiba. (Photo: Gallo Images / Phill Magakoe) | Jacob Zuma . (Photo: Shiraaz Mohamed) | Dudu Myeni.(Photos: Gallo Images / Phill Magakoe / Gallo Images / Phill Magakoe) | Angelo Agrizzi. (Photo: Gallo Images / Netwerk24 / Felix Dlangamandla) | Gwede Mantashe. (Photo: Leila Dougan)

The third volume of Judge Raymond Zondo’s report on State Capture lists more than 60 individuals recommended for prosecution by the National Prosecuting Authority – including a former president, a current minister and a current deputy minister.

Volume 3 of the State Capture report has recommended almost three times as many people for prosecution by the National Prosecuting Authority (NPA) as the previous two volumes – despite the fact that it deals exclusively with corruption linked to one private company, Bosasa.

The number of people implicated in this third instalment (60-plus) is a reflection of both the reach of Bosasa, which won contracts in a huge range of different government sectors, and the convincing evidence in this workstream supplied to the State Capture Commission by former Bosasa chief operations officer (COO) Angelo Agrizzi and other former Bosasa employees.

The latest report is also notable for being the first in which former president Jacob Zuma is explicitly recommended for prosecution, along with three MPs and three other current and former members of the executive.

There will be enough work stemming from this volume alone to keep the NPA busy for quite some time.

People* the NPA should consider prosecuting for corruption under Precca, the Prevention of Corrupt Activities Act: 

  • Bosasa consultant Kevin Wakeford
  • SA Revenue Service consultant George Papadakis
  • Mineral Resources Minister Gwede Mantashe (who indicated on Wednesday that he intends to take the report on legal review, the first implicated person to publicly state as much)
  • Bosasa chairman Johannes Gumede
  • Bosasa executive director Papa Leshabane
  • Bosasa fleet manager Frans Vorster
  • Former Department of Justice COO Dr Khotso de Wee (who was, in the first major and farcical setback for the Zondo Commission, the initial commission secretary)
  • Former Prasa procurement head Mbulelo Gincana
  • Bosasa COO Angelo Agrizzi
  • Bosasa CFO Andries van Tonder
  • Bosasa accounts department employee Jacques van Zyl
  • Bosasa director Thandi Makoko
  • Bosasa IT head Leon van Tonder
  • Bosasa contractor Richard le Roux
  • Bosasa auditor Petrus Venter
  • Bosasa consultant William “Danny” Mansell
  • Bosasa consultant (and former bodyguard to the ANC’s Peter Mokaba) Sesinyi Seopela
  • Bosasa employee Carlos Bonifacio
  • Construction company boss Riaan Hoeksma
  • Department of Correctional Services (DCS) official Josiah Maako
  • DCS official Maria Mabena
  • DCS official Shishi Matabela
  • DCS official Mandla Mkabela
  • DCS official Dikeledi Tshabalala
  • DCS official Zach Modise
  • DCS official Mollet Ngubo
  • DCS official Nontsikelelo Jolingana
  • ANC MP Winnie Ngwenya
  • ANC MP Vincent Smith
  • KwaZulu-Natal prisons commissioner Mnikelwa Nxele
  • North West Department of Social Services official Kgasi (no first name available)
  • North West Department of Social Services official Mogale (no first name available)
  • Deputy Minister of Military Veterans Thabang Makwetla
  • Former President Jacob Zuma
  • Former Minister Nomvula Mokonyane
  • Former SAA chairperson Dudu Myeni
  • Airports Company of SA (Acsa) employee Thele Moema
  • Acsa employee Reuben Pillay
  • Acsa employee Mohapi Serobe
  • Acsa employee Siza Thanda
  • SA Post Office official Siviwe Mapisa
  • SA Post Office CEO Maanda Manyatshe
  • Magistrate Desmond Nair

*Some of these individuals may no longer be in the roles they were at the time of the Bosasa corruption. 

People the NPA should consider prosecuting under Precca; for defeating or obstructing the end of justice; and other possible breaches of the NPA Act: 

  • Advocate Nomcgobo Jiba
  • Advocate Lawrence Mrwebi
  • NPA senior secretary Jackie Lepinka

People and companies the NPA should consider prosecuting for money-laundering: 

  • Angelo Agrizzi (also listed above)
  • Andries van Tonder (also listed above)
  • Carlos Bonifacio (also listed above)
  • Jacques van Zyl (also listed above)
  • Riaan Hoeksma (also listed above)
  • Equal Trade businessman Gregg Lacon-Allin
  • AA Wholesalers
  • Riekele Konstruksie
  • Jumbo Liquor Wholesalers
  • Lamozest
  • Equal Trade 4
  • Equal Food Traders

People the NPA should consider prosecuting for fraud: 

  • Angelo Agrizzi (also listed above)
  • Andries van Tonder (also listed above)
  • Carlos Bonifacio (also listed above)
  • Jacques van Zyl (also listed above)
  • Gregg Lacon-Allin (also listed above)
  • Riaan Hoeksma (also listed above)

People the NPA should consider prosecuting for money-laundering, corruption, and/or fraud: 

  • Bosasa accountant Carien Daubert
  • Bosasa accountant Rieka Hundermark
  • Bosasa accountant Gavin Hundermark
  • ANC MP Cedric Frolick
  • Bosasa catering head Patrick Littler
  • Bosasa employee Danie van Tonder
  • Bosasa official Ishmael Dikane
  • Bosasa head of youth development centres Syvion Dlamini
  • Bosasa director Trevor Mathenjwa
  • Bosasa employee Ryno Roode

People the NPA should consider prosecuting for failure to report suspicious or unusual transactions: 

  • Angelo Agrizzi (also listed above)
  • Andries van Tonder (also listed above)
  • Carlos Bonifacio (also listed above)
  • Jacques van Zyl (also listed above)
  • Carien Daubert (also listed above)
  • Rieka Hundermark (also listed above)
  • Gavin Hundermark (also listed above)
  • Johannes Gumede (also listed above)
  • Thandi Makoko (also listed above)
  • Petrus Venter (also listed above)

People the NPA should consider prosecuting for assisting another to benefit from the proceeds of unlawful activities: 

  • Equal Trade 4 employee Gregory Lawrence

People the NPA should consider prosecuting for failure to comply with Precca, the Public Finance Management Act (PFMA), the Constitution, and Treasury regulations with regard to tenders, as well as possibly charge with offences of theft, fraud and perjury: 

  • Former Correctional Services commissioner Linda Mti
  • Former Correctional Services CFO Patrick Gillingham

People who should be investigated for potentially breaching the MPs’ Code of Conduct: 

  • ANC MP Winnie Ngwenya
  • ANC MP Cedric Frolick
  • ANC MP Vincent Smith

People who should be investigated for potentially breaching the Executive Ethics Code: 

  • Deputy Minister Thabang Makwetla
  • Former President Jacob Zuma
  • Former Minister Nomvula Mokonyane

People who should be investigated by the Legal Practice Council: 

  • Former Hogan Lovells partner Brian Biebuyck
  • “Various attorneys” whose trust accounts were used by Bosasa

People who should be investigated by the SA Institute of Tax Practitioners: 

  • Bosasa auditor Petrus Venter

People who should be investigated by the Independent Regulatory Board for Auditors: 

  • Bosasa audit firm D’Arcy-Herrman

People who should be investigated by SARS: 

  • Tax consultant George Papadakis, for potentially breaching his obligations as a former SARS official. DM

 

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