‘It is disappointing’: Zondo says state capture commission recommendations remain unimplemented

Despite assurances from government and some political leaders that the commission's recommendations are being fully implemented, Zondo says this is not the case.


Former Constitutional Court Chief Justice Raymond Zondo says he is disappointed that the recommendations of the commission he chaired, the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, have not been fully implemented.

The commission, also known as the “Zondo commission”, began its work in January 2018 and concluded in June 2022.

Zondo was speaking on Wednesday at a public administration conference in Durban, KwaZulu-Natal.

“It is disappointing to see that when you look at the fact that we had the commission that I was honoured to lead and all South Africans heard and watched on TV, over three years, four years a harrowing evidence of wrongdoing that was happening and that had happened and that the commission made recommendations, and among others, the establishment of institutions or mechanisms that would help to prevent wrongdoing of the kind that was happening that was investigated by the commission being repeated,” he said.

Full implementation of Zondo report

Despite assurances from government and some political leaders that the commission’s recommendations are being fully implemented, Zondo says this is not the case.

“But if you care to look at the recommendations, what they are talking about is referral for prosecution or criminal investigations, but what is important mainly is establishing institutions or mechanisms that will make sure that we do not have another state capture that simply has not been done.”

Ethical leadership

Zondo said another problem that South Africa has is a lack of ethical leadership. He gave an example, noting that the commission heard evidence of corruption in state entities and in the country’s state security agency.

“Evidence was given, and people who were involved or alleged to be involved in wrongdoing, in corruption, in theft of public money were identified; they were given a chance to respond; they came and responded, the commission made its own findings – a number of those people nothing happened to them, and the excuse was well they cannot be removed from their positions because the law enforcement agencies have not charged them,” he said.

Excuses for wrongdoing

Zondo said it is “nonsense” that some of the government officials who have been found wanting in the Zondo commission’s reports are being defended.

“I am deliberately saying that it’s a nonsensical excuse; some of them have been business people. If somebody stole in their company, they would not wait for the police to finish their investigation before they have a disciplinary hearing.

“Why should it be different in government? It’s an unacceptable excuse, and they know that the law enforcement agencies will take years to complete whatever investigation,” he said.

He said South Africa will never develop into a fully capable state if those in charge continue to defend wrongdoing or try to sweep it under the carpet.

“We, the people, need to tell them that is unacceptable,” he said.

Zondo said sometimes officials found guilty of corruption or malfeasance would be appointed to other senior positions in government, despite questions about their credibility.

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