South Africa

DAYS OF ZONDO, PARTS FIVE & SIX

Duduzane, Hlaudi, Fraser and Ace head the all-star possible prosecution list

From left: Former SABC chief operations officer Hlaudi Motsoeneng. (Photo: Gallo Images / Sowetan / Thulani Mbele) | Suspended Secretary-General of the ANC Ace Magashule. (Photo: Gallo Images / Volksblad / Mlungisi Louw) | Former president Jacob Zuma’s son Duduzane Zuma. (Photo: Gallo Images / Phill Magakoe) | Former spy boss Arthur Fraser. (Photo: Gallo Images / Netwerk24 / Jaco Marais) | Former Prasa CEO Lucky Montana. (Photo: Gallo Images / City Press / Leon Sadiki) | State Capture kingpin Atul Gupta. (Photo: Gallo Images / Financial Mail / Robert Tshabalala)

The final instalments of the Zondo report add multiple big names to the list the National Prosecuting Authority is advised to work through for potential prosecution for State Capture crimes. Among them: Duduzane Zuma, Hlaudi Motsoeneng, Ace Magashule and Arthur Fraser.

After almost 5,500 pages spread over six parts, the Zondo Commission report has recommended the investigation of former president Jacob Zuma on possible corruption charges in relation to just one matter.

The National Prosecuting Authority (NPA) was advised to consider potential criminal charges against Zuma only in the findings of Part 3 of the State Capture report, released in March, and only in relation to his dealings with the private company Bosasa.

Despite the fact that Zuma came in for extremely harsh criticism in every one of the six parts of the report, Chief Justice Raymond Zondo and his team appear to have concluded that only the corruption around Bosasa might provide sufficient evidence to mount a criminal case against Zuma for his role in State Capture.

In the final parts of the report released on Wednesday, however, the name of JZ’s son Duduzane Zuma joins his father’s on the NPA’s to-do list. Suspended ANC Secretary-General Ace Magashule is also recommended for possible criminal investigation — as is President Cyril Ramaphosa’s current Farmgate adversary, former spy boss Arthur Fraser.

All three are regarded as being aligned with the ANC’s Radical Economic Transformation (RET) faction seeking to unseat Ramaphosa from the ANC presidency at the party’s electoral conference at the end of this year.

Joining them on the list are a number of former executives of state-owned enterprises — together with the Guptas.

People the NPA should consider prosecuting for activities relating to the STATE SECURITY AGENCY (SSA): 

For potential crimes involving the unlawful “withdrawal, handling and distribution” of SSA money:

  • The former head of the SSA’s special operations unit, Thulani Dlomo
  • Former state security minister David Mahlobo
  • Former SSA head Arthur Fraser

For potentially violating the Firearms Control Act by irregularly checking out guns and ammunition from the SSA armoury:

  • Thulani Dlomo
  • A worker at the armoury identified only as “Johan”

For potentially illegal conduct in allegedly issuing security clearance certificates to people not entitled to them:

  • Thulani Dlomo

For potential involvement in corruption around the Principal Agency Network amounting to “a massive abuse of the assets of the SSA”:

  • Arthur Fraser and unnamed others

People the NPA should consider prosecuting for activities relating to the SOUTH AFRICAN BROADCASTING CORPORATION (SABC): 

For potentially contravening the Public Finance Management Act (PFMA) for their role in orchestrating the Gupta-owned The New Age Breakfast Briefing broadcasts:

  • Former group CEO Lulama Mokhobo
  • Former COO Hlaudi Motsoeneng

People the NPA should consider prosecuting for activities relating to the PASSENGER RAIL AGENCY OF SOUTH AFRICA (Prasa): 

For the award of unlawful locomotives contracts to the company Swifambo:

  • Former Prasa CEO Lucky Montana
  • Former head of engineering Daniel Mthimkhulu
  • Former chief procurement officer Chris Mbatha

For their role as members of the bid evaluation committee that recommended the Swifambo tender award:

  • Ntombeziningi Shezi
  • Ronnie Khumalo
  • Thabo Mahlobogwane
  • Thulasizwe Nkosi
  • Joseph Magoro

For their role as members of Prasa’s corporate tender procurement committee:

  • Tiro Holele
  • Chris Mbatha
  • Siphiwe Mathobela
  • Jerita Motshologane
  • Maishe Bopape
  • Martha Ngoye
  • Ntombeziningi Shezi
  • Sidney Khuzwayo

For potentially contravening the PFMA through the Swifambo tender in their role as members of the Prasa board:

  • Sfiso Buthelezi
  • Siyabonga Gasa
  • Nkosinathi Khena
  • Marissa Moore
  • Matebogo Nkoenyane
  • Mfenyana Salanje
  • Lucky Montana

For their alleged involvement in additional unlawful contracts:

  • Lucky Montana
  • Former project manager Luyanda Gantsho
  • Former CEO of corporate real estate Tara Ngubane

For possibly contravening the Prevention of Corrupt Activities Act:

  • Lawyer Riaan van der Walt
  • Lucky Montana

People the NPA should consider prosecuting for activities relating to the Gupta-owned OPTIMUM COAL MINE:  

  • Jacob Zuma’s son Duduzane Zuma
  • Gupta associate Salim Essa
  • Gupta employee Ronica Ragavan
  • Gupta employee Ashu Chawla
  • “Members of” the Gupta family

People the NPA should consider prosecuting for activities relating to the VREDE DAIRY PROJECT: 

  • Former Mineral Resources Minister Mosebenzi Zwane
  • Former Free State premier Ace Magashule
  • “Members of” the Gupta family, including Tony Gupta
  • Gupta lieutenant Ashok Narayan

People the NPA should consider prosecuting for activities relating to GUPTA BRIBERY: 

  • Duduzane Zuma should be investigated for potentially facilitating acts of corruption, or failing to report corruption, by allegedly being present when Tony Gupta offered bribes to Mcebisi Jonas, Mxolisi Dukwana and Vusi Kona. DM

Read the previous lists of individuals referred to the NPA by the Zondo Commission here: 

The Zondo List, Part One,
The Zondo List, Part Two
The Zondo List, Part Three
The Zondo List, Part Four

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All Comments 17

  • My bet is that absolutely NOTHING will come from these reports. There may be prosecution of some minions but the actual perpetrators will go free. The files will gather dust in some NPA cupboard.

    • I think the opposite is true. As long as Ramaphosa hangs onto office, he’ll use these prosecutions as a political tool to weaken his ANC opposition. It’s very much in his interest to apply pressure on the Public Prosecutors to expedite charges, if not convictions.

    • Surely this a time when South Africans should be looking to a better future for all South Africans rather than wallowing in pessimism.

  • This reminds me of the famous Jaws quote ,slightly altered “We gotta get a bigger prison!” Never mine new power stations .

  • Now all we need is an NPA that works, an NPA that for all intents and purposes is controlled by, and only accountable to, the ANC. No hope from there. We can only hope for a speedy introduction of the Chapter 9 Integrity Commission.

  • I wonder and wonder if any of these crooks will be finally prosecuted and sent to jail? I some how doubt it – it will all be swept under the proverbial carpet or tied up in so much legal wrangling that nothing will happen. I sincerely hope that I’m wrong! SA needs closure on this sorry episode in our recent history….

  • If there remains any doubt about why Fraser dropped the farm-gate bomb it should be cleared up – a desperate attempt to sink Mr Ramaphosa to avoid prosecution and jail time. Despite all that’s been dominating the media headlines lately, it is in South Africa’s interest for Mr Ramaphosa to have a second term as president so that these treasonous hyenas can be put behind bars. The likely alternative is an RET-led ANC which will form a coalition with the EFF should it fall below 50% in the next election. That will be a bullet to SA’s head.

  • Gosh !! so many BBBEEE names – LOL.
    No names like Fortescue-Smith, nor Ponsomby Smythe, or even Groenewald or Steyn.
    I must have missed something, or they were onto a good thing.
    A LUTA CONTINUA – methinks it won’t stop in a hurry

  • It doesn’t matter how many prosecution lists are drawn up, if the NPA cannot, or will not, prosecute, then the whole Zondo exercise has been a monumental waste of time and money. Shamila Batohi, where are you?

  • Six years and a Billion Rand later. What a waste of scarce resources. A futile exercise that will not see justice delivered. It has only bought the ANC and the President some time.

  • If this moves beyond ‘naming and shaming’ into charges and real jail time, we will be on the road to recovery. How sad that there are so few who believe it can or will happen. I’m torn between hope and despair – which probably goes for many South Africans.

  • A billion rand spent on the Zondo Commission and unfortunately nothing will come of it. The same as the riots “we know who you are” yet no meaningful arrests .There will be threats of further unrest and then once again everything will be swept under the carpet.

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