Chief Justice Raymond Zondo. (Photo: Gallo Images / Veli Nhlapo) 
A year after submitting the State Capture Commission’s final report, Chief Justice Raymond Zondo says nothing has changed and he fears Parliament is incapable of preventing another bid to capture the state.
In a parliamentary oversight hearing in 2021, Zondo pointed out that had Parliament acted earlier, the damage of State Capture may have been reduced and billions in looted funds could have been saved.
Speaking at a democracy colloquium organised by the Human Sciences Research Council in Pretoria on Thursday, he sang the same tune.
The majority party’s failures
Zondo said that during former president Jacob Zuma’s tenure, Parliament failed to take steps to ensure that State Capture was exposed and stopped. He put the blame squarely on the ANC, which has more than 50% of the seats in Parliament.
“The reason why it failed is well known. It is because the majority party refused to agree to the establishment of an inquiry to investigate the allegations,” Zondo said on Thursday, exactly a year after he handed over the State Capture Commission’s final report to President Cyril Ramaphosa.
“There were a number of instances where there was an opportunity for the majority party in Parliament to agree, but it did not and therefore the Guptas continued with their project and the transactions that happened afterwards happened because they were not stopped by Parliament when it could have stopped them.”
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In October 2022, Ramaphosa submitted to Parliament the government’s plan for implementing the commission’s recommendations. However, little or nothing has been done and Zondo went as far as saying he did not think current MPs would be able to halt attempts to capture the state.
He said State Capture “unequivocally” placed the country’s democracy at risk.
“If another group of people were to do exactly what the Guptas did to pursue State Capture, Parliament would still not be able to stop it and that is simply because I have seen nothing that has changed,” said the Chief Justice.
‘Public attack’
Parliament has since come out with guns blazing against what it described as a public attack on the institution. Spokesperson Moloto Mothapo said Zondo’s criticism was unfortunate, lacked merit and undermined the principle of separation of powers.
“As the head of the judiciary, it is essential for the Chief Justice to foster an environment of mutual respect and cooperation.”
Mothapo said had Zondo reached out to Parliament with his concerns, he would have been comprehensively appraised of all the ongoing work aimed at holding the executive to account based on the outcomes of the commission.
“To improve accountability, Parliament is currently developing rules and guidelines to enhance its oversight processes. Cooperation between Parliament and the Executive is also being fostered to facilitate executive attendance without the need for additional legislation or rules.
“Furthermore, to strengthen oversight over the Presidency, Parliament is further actively conducting research to explore international best practices. This work is vital in laying a solid foundation for enhanced oversight and accountability in relation to the Presidency.
“Several other initiatives are being either explored or implemented to hold the Executive accountable based on the outcomes of the Zondo Commission. The Rules Committee has decided that quarterly reports on the progress of these initiatives must be tabled.
“These decisive steps taken by Parliament demonstrate its dedication to implement the recommendations of the State Capture Commission,” Mothapo said.
“It is inappropriate for the Chief Justice, representing one of the arms of state, to engage in public attacks on Parliament,” he said.
‘Who will protect the people?’
Zondo said further, “The question that arises then is, if Parliament won’t be able to protect the interests of the people, if there are attempts for another State Capture, who will protect the people?”
He said Zuma was “captured”.
“Where a president no longer makes decisions that serve the interests of the people, but makes decisions that serve his own interests or his family or friends, that undermines our democracy,” said Zondo.
“What demonstrates beyond any doubt that State Capture places our democracy at risk is when one deals with the role of the National Assembly. Section 42(3) [of the Constitution] provides that the National Assembly is elected to represent the people. So when the National Assembly fails to protect the people against State Capture, it fails in this duty.”
A permanent corruption commission
Zondo proposed three solutions – electoral reform, an active citizenry and the establishment of a permanent anti-State Capture and anti-corruption commission that would operate in the same manner as the commission he chaired.
Such a commission, if established, would allow for officials, including the President, to be held publicly accountable with no room to hide things “under the carpet”. Zondo said this would contribute to public opinion and possibly compel Parliament to act.
“[The commission] can call anybody, whether it’s the President or MPs or any minister, to come to answer and give evidence where there are allegations of corruption and State Capture,” said Zondo.
“So that even if the majority in Parliament does not want questions asked or protects ministers and the President from questions, that commission would be an opportunity for everything to be explored and the evidence and answers to be given in the open.”
Regarding electoral reform, Zondo favoured a system that would allow people to have more power over their MPs, making them accountable to their constituency and not their political parties. The ANC has always been against such suggestions.
In 2021, while giving testimony before the Zondo Commission, Ramaphosa said: “Our political system granted by the Constitution is that of a party system… That is our system. They [MPs] don’t go represent themselves and their jacket.”
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On active citizenry, Zondo said he feared that citizens remained vulnerable to the impact of corruption despite the work done by the commission, but he urged South Africans to take conscious decisions when they elect leaders.
“I believe that the people of South Africa are the ones who must take their destiny in their own hands. They are the ones who must say, ‘We have had State Capture but it is not going to happen again.’ They must be the ones who say, ‘Never, never and never again.’ ” DM