The State Capture Commission was established in January 2018 on the recommendations of former Public Protector Thuli Madonsela contained in her 2016 State of Capture report. The North Gauteng High Court concurred with Madonsela’s recommendation that Chief Justice Mogoeng Mogoeng should select the judge to head the commission, after which then-president Jacob Zuma should establish it. Justice Mogoeng subsequently selected Deputy Chief Justice Raymond Zondo, who Zuma then appointed as chairperson of the commission. 

It was Zuma who also appointed Zondo as Deputy Chief Justice in June 2017 following the retirement of Justice Dikgang Moseneke. 

In his statement, Zuma said Zondo had served on many commissions and committees, such as the “Goldstone Commission of Inquiry regarding the Prevention of Violence and Intimidation as well as the Ministerial Task Team which was established in 1994 to draft the Labour Relations Bill for post-apartheid South Africa”.

Against this background, the letter from Mabuza Attorneys to Zondo on 28 September 2020 was shocking. In the letter, Zuma questions Zondo’s suitability as the commission’s chairperson and raises unspecified “personal strained relations” between him and Zondo as one of the reasons.

This is the first time Zuma has raised the issue of his “strained relations” with Zondo since he established the commission in 2018 and appointed Zondo as chairperson. 

He also never raised this issue when he appointed Zondo as Deputy Chief Justice, knowing that matters pertaining to him could well end up at the Constitutional Court. One therefore has to wonder whether this is really a matter of principle, or a case of Zuma using delaying tactics to avoid further appearances before the Zondo Commission. Shouldn’t he have raised this matter in 2018 and addressed it to Chief Justice Mogoeng when the latter selected Zondo?

In January 2018, Zuma said the following in his statement, “I would like to emphasise that I have faith in all the judges and their ability to execute their tasks with the requisite levels of fairness, impartiality and independence. I requested the Chief Justice to provide me the name of the Head of the Commission. He has selected Deputy Chief Justice Raymond Mnyamezeli Mlungisi Zondo to undertake this task. I urge everyone to cooperate with the commission of inquiry. I trust that we will all respect the process and place no impediments to prevent the commission from doing its work.”

Zuma knew that at some point he might have to appear before the commission. It would have been more appropriate to raise his misgivings about Zondo at that time. It is clear that he now wants to tarnish the credibility of the commission. 

Should Zondo agree to recuse himself, the commission’s work would be severely affected. Others could also similarly raise frivolous objections to the commission’s chairperson. This could result in the entire process being derailed and South Africa might never see anyone held accountable for State Capture. 

It is clear that they want to turn the commission into a fruitless exercise, forgetting that it is taxpayers’ money that is covering the cost of the commission.

As a matter of principle, Zuma should stop his delaying tactics after he himself said that he had faith in the judges and that we should all respect the process. Zuma has overplayed the victim card. He needs to take responsibility. 

Zuma should go to the commission and give his side of the story. 

His tactics may lead many people to conclude that he is hiding something. If he did nothing wrong, why is he coming up with all sorts of excuses? No one is above the law and, as the former head of state, it is important that he leads by example. DM