South Africa

ZONDO LIST, PART FOUR

The people and businesses the State Capture commission recommends for prosecution

From left: Former mineral resources minister Mosebenzi Zwane. (Photo: Gallo Images / Sowetan / Veli Nhlapo) | Former Eskom CEO Matshela Koko. (Photo: Gallo Images / Sowetan / Esa Alexander) | Former Eskom chief financial officer Anoj Singh. (Photo: Gallo Images / Papi Morake) | Former Eskom CEO Brian Molefe. (Photo: Gallo Images / Beeld / Denzil Maregele)

The fourth instalment of Judge Raymond Zondo’s report on State Capture adds the names of about 30 individuals to the list of people that the Zondo Commission recommends for potential prosecution by the National Prosecuting Authority (NPA). This brings the total number from the reports so far to just over 130.

Part Four of the State Capture report dealt with corruption related to the National Treasury, EOH Holdings and the City of Johannesburg, Alexkor, Eskom, and the Free State housing and asbestos audit scandals.

Although this instalment delivered the most scathing criticism to date levelled against former president Jacob Zuma, the most high-profile politician named for potential NPA charges within it was former mineral resources minister Mosebenzi Zwane.

For former Eskom executives Anoj Singh and Brian Molefe, it was their second appearance on the list — having first been fingered for wrongdoing related to Transnet.

This is also the second occasion on which Rajesh “Tony” Gupta has been recommended for potential prosecution. He remains the only Gupta family member named in this manner to date.

TREASURY:

People the NPA should consider prosecuting for ‘bribery/corruption’:

  • Rajesh “Tony” Gupta, for allegedly offering Mcebisi Jonas a bribe.

EOH HOLDINGS AND THE CITY OF JOHANNESBURG:

People the NPA should consider prosecuting under Precca, the Prevention and Combating of Corrupt Activities Act:

  • Jehan Mackay, a former EOH executive director; and
  • “Any other suspects” involved in attempting to induce current Deputy State Security Minister Zizi Kodwa to interfere with procurement processes.

ALEXKOR:

People and businesses the NPA should consider prosecuting for contravening the Diamonds Act:

  • All buyers who may have purchased rough diamonds from Scarlet Sky Investments (SSI) without the necessary licences;
  • SSI, its directors and employees, for potentially using unregistered premises as a diamond exchange; for potentially giving false information to the South African Diamond and Precious Metals Regulator (SADPMR); for potentially lying about unlicensed diamond trading; and for allegedly not accounting for diamonds valued at R5.136-million and underpaying R1.718-million to the Pooling and Sharing Joint Venture (PSJV) between Alexkor and the Richtersveld community;
  • Daniel Nathan Trading CC and Daniel Nathan Trading House, its directors and employees, for potentially using unregistered premises as a diamond exchange; for potentially giving false information to the SADPMR; and for potentially lying about unlicensed diamond trading; and
  • The Alexander Bay Diamond Company, its directors and employees, as above.

People the NPA should consider prosecuting for fraud and/or contravening the Companies Act:

  • Rafique Bagus, an Alexkor tender committee member (also to be considered for prosecution for contempt of court);
  • Roger Paul, an Alexkor tender committee member (also to be considered for prosecution for contempt of court);
  • Duncan Korabie, an Alexkor tender committee member (also to be considered for prosecution for contempt of court);
  • Mervyn Carstens, the CEO of the PSJV; and
  • Zarina Kellerman, the chief legal officer of Alexkor.

ESKOM

People the NPA should consider prosecuting for contravening the Public Finance Management Act (PFMA), and/or Eskom policies, and/or Precca:

  • Matshela Koko, a former Eskom CEO;
  • Vusi Mboweni, a former Eskom senior manager;
  • Ayanda Nteta, a former Eskom senior manager;
  • Jacques Roux, a former Tegeta executive;
  • Brian Molefe, a former Eskom CEO; and
  • Anoj Singh, a former Eskom CFO (also to be considered for prosecution for fraud or theft charges).

People the NPA should consider prosecuting for possible corruption and/or fraud and/or theft charges, with regard to Eskom’s contract with Huarong:

  • Sean Maritz, a former Eskom CEO; and
  • Rajeev Thomas, the owner of Tribus Energy.

People the NPA should consider prosecuting for contravening the PFMA, and attempt to recoup money from:

  • Zola Tsotsi, the chairperson of the 2014 Eskom board;
  • Chwayita Mabude, a member of the 2014 Eskom board;
  • Norman Tinyiko Baloyi, a member of the 2014 Eskom board;
  • Pathmanathan Naidoo, a member of the 2014 Eskom board;
  • Venete Jarlene Klein, a member of the 2014 Eskom board;
  • Nazia Carrim, a member of the 2014 Eskom board;
  • Romeo Kumalo, a member of the 2014 Eskom board;
  • Mark Pamensky, a member of the 2014 Eskom board;
  • Zethembe Wilfred Khoza, a member of the 2014 Eskom board;
  • Baldwin Sipho Ngubane, a member of the 2014 Eskom board; and
  • Devapushpum Viroshini Naidoo, a member of the 2014 Eskom board.

FREE STATE ASBESTOS SCANDAL

People the NPA should consider prosecuting for possible corruption and contravention of the PFMA:

  • Nthimotse Timothy Mokhesi*, the former Free State human settlements head.

People and businesses the NPA should consider prosecuting for possible corruption:

  • Edwin Sodi*, a businessman;
  • Blackhead Consulting*, Sodi’s business; and
  • Thabani Zulu*, the former Free State human settlements director-general.

*Already facing charges alongside Ace Magashule in the Free State corruption case

FREE STATE HOUSING SCANDAL

People the NPA should consider prosecuting for contravening the PFMA:

  • Moses Mpho “Gift” Mokoena, the former Free State human settlements head. (Mokoena has already pleaded guilty to corruption charges and received a suspended sentence.)

People the NPA should consider prosecuting for possible fraud charges:

  • Mosebenzi Zwane, a former Free State MEC; and
  • “Other officials” from Free State human settlements.

OTHER RECOMMENDATIONS

  • Changes have to be made to the way in which boards, CEOs and CFOs of state-owned companies are appointed. Full recommendations in this regard are due in the final Zondo report;
  • No government tender or contract should be allowed to be sub-contracted unless this is disclosed upfront in the bid;
  • No entity or person should be awarded a tender or contract unless they provide proof of qualifications, skills, experience or expertise to conclude the job; and
  • President Cyril Ramaphosa should “consider” the position of Deputy State Security Minister Zizi Kodwa, given that Kodwa was potentially “beholden” to Jehan Mackay in the EOH scandal. DM

Read the Zondo List, Part One here, Part Two here and Part Three here.

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All Comments 5

  • Surely the list is much longer than this. Where are the Regiments directors, like Eric Woods, Niven Pillay and Litha Nyhonyha and the people they bribed in Transnet, Eskom and Denel?? Where are the Bosasa mentionees in Bosasa and Govt???

    You would do well to arrest the whole of the ANC, pre-emptively.

  • Hopefully they will go after the biggest names first and then work down the list.

    In the meantime any name still still being paid by the state should be chucked out and benefits cancelled

  • I don’t like the ” should consider prosecuting” . Start the process and freeze their assets! Anyone in government employ should be fired and lose all benefits, like pensions etc. Also they should all be barred for life from any government contract or any directorships. Justice has to be seen to be done – it’s been delayed for long enough.

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