ANALYSIS
Days & Years of Zondo: Chief Justice’s frustration with SA government’s non-implementation is lasting and real
It is apparent that Chief Justice Raymond Zondo is frustrated at how the government is dealing with the findings of his commission of inquiry into State Capture. His public statements and the reactions to them from NGOs and politicians have again thrust him into the public eye. It is likely that Zondo felt he had a moral obligation to speak out for the many people who share his frustration at the conspicuous lack of action.
Over the past few months, Chief Justice Raymond Zondo has become more publicly anxious about the findings that he made as chair of the State Capture commission.
Back in February, it emerged that the State Attorney’s office had not provided proper funding to defend the findings of the commission. If this funding was not granted by the government, those who challenged the findings (such as ANC Chair Gwede Mantashe and other senior ruling party figures) would win their cases unopposed.
In other words, because the Ramaphosa administration did not pay for lawyers to defend them, some of Zondo’s findings would easily be overturned, wasting years of hard work.
Then, Zondo publicly confirmed that that same office had not even tried to recover R36-million from former president Jacob Zuma.
A court had ordered Zuma to repay the money after finding that he should not have used government money to defend himself in court cases involving him in a personal capacity while he was president.
As Zondo himself has said, the government seems to be deliberately ignoring some of his most important recommendations, including those that are easiest to implement.
For example, he has pointed out that of the 10 recommendations he made to stop corruption in the procurement space, only four have been included in the new Draft Public Procurement Bill.
Just this week, the National Prosecuting Authority suffered the embarrassment of having its corruption charges against former acting Eskom CEO Matshela Koko struck from the roll. This was essentially because prosecutors were not ready to proceed with the case, despite having had years to prepare and the benefit of the information provided by Zondo’s findings.
Read more in Daily Maverick: Throw Eskom chapter of Zondo report in the bin, says Koko as NPA faces major hurdles in Kusile case aftermath
Zondo has also felt it necessary to say: “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.”
This is a powerful point to make. Despite his commission, the testimony that he heard, the findings he made and the acceptance of those findings by Ramaphosa’s government, it could all happen again in the near future.
Zondo has also pointed to some of the individuals implicated in this.
He has mentioned the Guptas by name and answered questions on Newzroom Afrika about Zuma. He said: “As long as the National Prosecuting Authority says it’s got enough evidence to justify prosecuting him, he must be prosecuted. Let the country know that the NPA and the courts will have done their part, and let the executive deal with the public at that time. So I would not say that any trials must stop. I think we must continue doing what is right.”
The Council for the Advancement of the South African Constitution and others criticised Zondo for making this comment. The basis for this appears to be that Zondo, as a judge on the Constitutional Court, may well have to hear a case involving Zuma, and thus he should not be discussing Zuma in public.
Certainly, there is a case to make that as a judge he should not, as the official phrase goes, “involve himself in controversy”.
However, he has a role to play in what was his other position, chair of the State Capture commission.
Sordid details
He spent years of his life listening to the sordid details of how politicians and businesspeople stole from the people of South Africa and he has strong views about what needs to happen in the aftermath.
These views are included in his findings. As the chair of the commission that made those findings, he may also feel a duty to be their custodian.
Legally and technically, these findings are now the property of the government, as the commission was simply a fact-finding exercise on behalf of the President. This means it is up to the government to defend them and implement them.
But, as Zondo has explained so publicly, Ramaphosa’s government is failing to do this.
While lawyers could argue about the legality and correctness of all of this, Zondo may feel he has a moral duty, as a South African and to the oath he swore to the Constitution as a judge, to speak out.
While there is now much evidence that the government is not going to implement his findings before next year’s general election, this does not mean that his time and the money spent on the commission were in vain — although it is easy to forget the full political impact of the Zondo Commission.
When it started hearing testimony, Ace Magashule was the secretary-general of the ANC and appeared to have important political power. He had just managed the process of deciding who would represent the ANC in Parliament ahead of the 2019 elections and appointed Supra Mahumapelo and Mosebenzi Zwane to important positions.
The testimony and findings of the Zondo Commission were part of the process that saw Magashule coming under increasing pressure. When he left the ANC, it was with an almost silent whimper.
This happened in other cases too and helped Ramaphosa create the political ground on which he was able to make progress.
One result of this is that a completely new process chaired by former president Kgalema Motlanthe decides who will represent the ANC in Parliament. This has important long-term consequences.
In short, it was the very public testimony given at the Zondo Commission that allowed Ramaphosa to cement his power.
The longer-term consequence of the commission was the introduction of the “step-aside rule” in the ANC.
The findings of the Zondo Commission will reverberate for a long time to come. They will be used by elements of civil society and some politicians to mount a continuous pressure campaign on the ANC and its leaders.
For example, the DA has gone to court to argue that the ANC’s policy of cadre deployment is illegal. Part of its argument is that Zondo found this to be the case.
Many others will follow their path. Even if the government and Ramaphosa (deliberately) fail to implement the findings, the commission’s conclusions will still have a long-term impact. DM
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Cosmetic, the whole commission. Rather like banks request for feedback; just away to defuse negative perceptions and manage brand risks. As for 24, let the people decide. We we deserve whatever shambles those with energy enough, vote for.
Zondo. What a spectacular waste of money and time. It seems to have served only these purposes:
1) buy the crooks enough time to spoil evidence and escape prosecution
2) provide the crooks with the incriminating evidence so that they can refine their methods
3) create an atmosphere of corruption exhaustion and resultant stagnation in inaction
4) create, in the minds of the populace, a false sense of justice having been served.
5) remind the electorate that South African leaders act utter impunity
5) inspire more and worse corruption.
The fact is: no orange jump suits, no justice!
I am filled with disgust in South African leadership: shameless, parasitic, self-serving, arrogant, removed, aloof, incompetent, impudent, inept, unaccountable, unscrupulous. I spit my tea out when idiots spout on about ubuntu. Am I supposed to find hope for the future in this lot?
Your view of this is poetic Sean. I agree completely. He is a master of deceit and deserves to be hated by the whole country. It is not often I feel unbridled hatred towards an individual.
It is not true that it was a waste of money if we look at how public opinion has changed on the question of corruption. It is not about the prosecutions now that the value of the Zondo Commission lies. It is in how it is going to be impacting the elections as a result of people understanding that corruption has costs. The future elections will never be the same as the past elections have shown. The centrality of corruption in elections and its effects on ESkom blackouts, Transnet and PRASA are very important. Stephen is correct that it will be with us for a long time. Justice will be delivered no matter how long it takes as our political landscape is not going to keep those who are protecting thieves in power for too long. Chief Justice Zondo must continue as his duty to speak and so are all of us but the weight of his words are important. Cyril knows and those around him know that nobody believes that there is any change he can bring except a miracle. The country is waiting for him to go to see change.
You’re still drinking tea? I’ve switched to spirits to cope.
Ditto
If we did not have the Zondo commission, we would be in a worse state
The electorate knows more about what happened and that will affect the election next year
I fully agree with your sentiments about the ruling party but think that the Zondo Commission was not a waste of time
What is happening about the court ruling that Ramaphosa has to give the DA the minutes of the cadre deployment meetings ?
He has stalled for a long time
Good synopsis Stephen. Something I don’t quite understand (& is possibly needs to be explored further) is why persons like Mantashe are permitted by the ANC to challenge the Commissions findings?
If the ANC were serious about self correction & reform they must surely have recognized that it would be counter productive (if not a complete waste of time) to have individual members challenging the Commissions findings? In this regard Mantashe’s actions are only a small step away from those of our former President who refused to participate.
In my opinion this points to the fact that the notion of central authority within the ANC is a myth & that certain indiduals are untouchable.
In the absence of central authority the idea of central accountability then becomes a pipe dream!
I agree with you that Civil Society organisations will need to take the fight forward. The ANC are a toxic combination of complicit (institutionally) & conflicted (individually) to have any chance of meaningful reform. They are beyond redemption
That’s the right he(Mantashe) has as an individual citizen like you and I, even if the ANC were to expel him and Ramaphosa remove him from his cabinet, he would still be intitled to take the findings on review.
The only thing one needs to worry about is whether he is paying from his pocket or using public money.
It boggles the mind that so many people are so profoundly unable to distinguish between Zondo, as CJ, speaking as a member of the judiciary, and Zondo, as chair of the state capture commission, speaking as a former and duly appointed temporary extension of the executive. There is a Chinese wall between the two roles, and Zondo is doing an excellent job of keeping them separate. I would argue that in the latter role, Zondo has an absolute duty to castigate publicly Ramaposeur’s manifest feebleness and lethargy.
Of course, it is very convenient for assorted political opportunists with their own nefarious ends to conflate those two roles.
If you want corruption, incompetence, arrogance, crime and Zimbabwe, vote ANC.
If you want dictatorship, chaos, global pariah status, hate and North Korea, vote EFF.
If you want democracy, stability, a better life for all, service delivery, progress and what South Africa can be, vote DA.
It’s very simple my beloved countrymen, it’s up to us and this is probably our last chance.
Albert Einstein is sometimes credited with having defined insanity as “doing the same thing over and over again, and expecting a different result.”
By that definition, the SAn electorate has been insane for quite a long time. Worse, insanity doesn’t cure itself.
Insanity cannot be cured. It’s doubtful that it can even be managed.
I agree with your post Cachunk. The trouble is, the bulk of the electorate doesn’t even participate in the discussion. Most people in South Africa, due to poor education and financial hardship, don’t have the internet, they don’t read for meaning, don’t have DSTV so don’t see many of the news programs, but they vote ANC out of loyalty and habit. It is up to people like you and me to get out there, go knocking door to door, coaxing people to consider options other than ANC. If you can’t go door to door you should donate large sums to the DA to enable them to put the word out to the rural electorate that there is an alternative to the corrupt, inept, useless, miserable governance we have been getting from the ANC.
This is not surprising at all. We now have a lame duck president who lost control of his corrupt party leadership since the Phala-Phala. These corrupt ministers are no longer accountable to parliament or this sitting president – he’s spineless and can’t control them. A case in point is Eskom’s continued corruption that is crippling the economy through loadshedding.
My vote is with the party that will fully implement the Zondo’s Commission’s finding.
There is a notion that the Zondo Commission was a waste of money and time but some of us who have been in government and Nepad would take a different view. One of the challenges that have bedevilled this country like the rest of the developing countries and Africa in particular is that corruption is a victimless crime. For generations in Africa this view persists but what the Zondo Commission did was to actually show that corruption is not victimless. Corruption has victims in the entire citizenry of the country and if people take R1 billion to drive the message that corruption has victims is too much they have to look at the cost to this country of the corruption has plunged the economy into a spiral of poor economic growth and lack of investments in the real economy. During its period, the Commission has in my view achieved what could not be achieved in decades, to show South Africans that corruption has a price and to change the public perception on corruption. The outcry over Covid corruption under Ramaphosa would have gone unnoticed was it not for the Commission. The continued talk by the Chief Justice that has irked those fingered in the Commission is very important despite the unwarranted criticism by the legal plumber who require lots of education. We need to actually educate people on republicanism and democracy and the difference between a Constitutional democracy and parliamentary democracy. The next elections will be a new terrain thanks to the Zondo Commission.