President Cyril Ramaphosa promised on Sunday night that those responsible for state capture will be brought to book.

Ramaphosa addressed the nation, outlining the steps government is taking to implement the recommendations made by the Zondo Commission.

According to Ramaphosa he submitted cabinet’s response to the commission’s report to Parliament yesterday.

Ramaphosa said the commission’s recommendations were directed to both the state and society. The presidency sent copies of the report for consideration and action to several entities, including the ANC, Denel, Eskom, the National Assembly, the NPA, Prasa, SAA, the SABC, SAPS and others.

He said over 350 recommendations were made by the Zondo Commission, of which 202 recommendations are in connection with criminal investigations and the possible prosecution of individuals, entities and named groups of people.

“To date, the Investigating Directorate of the NPA has enrolled 26 cases, declared 89 investigations and 165 persons have appeared in court for alleged state capture-related offences.”

The rest of the recommendations are made up of the following:

• 27 were recommendations for the recovery of assets,
• 15 were referrals to other state bodies for disciplinary offences, tax offences, delinquency of directors and other misconduct,
• 11 were referrals to professional and regulatory bodies for further investigation of individuals for alleged violation of professional codes,
• 5 recommendations proposed constitutional changes,
• 26 recommendations proposed legislative changes, and,
• there were 64 recommendations requiring operational or regulatory changes.

According to Ramaphosa, law enforcement agencies have granted freezing or preservation orders to the value of R12.9bn to date.

“A total of R2.9bn has been recovered and returned to the affected entities and SARS has collected R4.8bn in unpaid taxes arising from the work of the commission.”

He said the Financial Intelligence Centre has identified a further 595 individuals and 1 044 entities that may be implicated in the flow of funds from state capture.

New institutions 

Ramaphosa said the Zondo Commission made recommendations about the establishment of an independent public procurement anti-corruption agency, as well as a permanent anti-corruption commission that would have oversight over Parliament and the Executive.

The commission made detailed recommendations about the establishment of an independent Public Procurement Anti-Corruption Agency.

“It is therefore appropriate that these recommendations form part of a fundamental redesign and review of the country’s anti-corruption architecture.”

He said a comprehensive proposal on an effective and integrated anti-corruption institutional framework will be produced for public consultation, finalisation and implementation.

Procurement

Ramaphosa said government accepts the commission’s recommendations for a process to oversee the appointment of boards of state-owned enterprises “that is not open to manipulation.”

“No board member will be allowed to be involved in procurement processes beyond playing an oversight role. Ministers will be prohibited from playing any role in procurement within state-owned enterprises or departments,” he said.

Whistle-blowers

According to Ramaphosa, the commission identified whistle-blowing as an essential weapon to fight corruption.

“The actions of whistle-blowers have played a vital role in exposing many of the activities that were part of state capture.

“The Department of Justice is reviewing the Protected Disclosures Act and Witness Protection Act to give effect to the Commission’s recommendations on the protection of whistle-blowers.”

‘No place for corrupt people to hide’

Ramaphosa said South Africans are tired of corruption.

“Those who are involved in corruption, or who are even thinking about engaging in criminal conduct, must know that all the instruments of the state will be used to bring them to book.

“Now that our response to the State Capture Commission has been submitted to Parliament, we look forward to the deliberations and suggestions of Members of Parliament and from across society as we take forward the recommendations of this commission.”

The president’s full response to the recommendations of the Zondo Commission’s report can be read here.