President Jacob Zuma may have contravened the constitution for the second time in as many months, according to former public protector Thuli Madonsela’s long-awaited report on state capture.
In the damning 355-page report Madonsela – without making a definite finding against Zuma – said if it was true the controversial Gupta family had prior knowledge of the firing of Nhlanhla Nene as finance minister in December, that would violate the Executive Ethics Code.
“If the Gupta family knew about the intended appointment it would appear that information was shared in violation of section 2.3(e) of the Executive Ethics Code, which prohibits members of the executive from the use of information received in confidence in the course of their duties or otherwise than in connection with the discharge of their duties,” said the report.
In March the Constitutional Court found that Zuma had failed to “uphold, defend, and respect” the constitution, in relation to his handling of Madonsela’s report into Nkandla.
Other stinging findings in the report, State of Capture, include that Mineral Resources Minister Mosebenzi Zwane acted improperly and in possible violation of the Public Finance Management Act (PFMA) when he went to Switzerland with Gupta representatives to facilitate the sale of Glencore’s Optimum Coal Mine to the Gupta-owned Tegeta Exploration & Resources.
Zuma’s son is also a shareholder in Tegeta, via his company Mabengela Investments.
The cabinet also came in for criticism for trying intervene in a dispute between the Guptas and the commercial banks, which had decided to close accounts linked to the controversial family.
“Cabinet appears to have taken an extraordinary and unprecedented step regarding intervention into what appears to be a dispute between a private company co-owned by the President’s friends and his son. This needs to be looked at in relation to a possible conflict of interest between the President as head of state and his private interest as a friend and father as envisaged under section 2.3(c) of the Executive Ethics Code, which regulates conflict of interest, and section 195 of the constitution which requires a high level of professional ethics. Sections 96(2)(b) and (c) of the constitution are also relevant,” said the report.
Madonsela also said the fact that Deputy Finance Minister Mcebisi Jonas’ claim that he was offered money and the finance minister’s job by the Guptas in return for favours was never investigated by the executive may point to an infringement of the Executive Ethics Code.
The code of ethics governs the behaviour of members of the cabinet ministers, their deputies and members of provincial executive councils.
Madonsela further recommended a judicial of inquiry be set up to further probe allegations by Jonas, former senior ANC MP Vytjie Mentor and former government spokesman Themba Maseko against the Gupta family and the alleged role of the president in the saga.
As if anticipating delays by Zuma’s office to appoint the commission and release its findings, Madonsela was clear on the timelines set for the probe to be concluded and when it would be released to parliament and the public.
She gave Zuma 30 days to “appoint … a commission of inquiry headed by a judge solely selected by the Chief Justice who shall provide one name.
“The judge to be given the power to appoint his/her own staff and to investigate all the issues using the record of this investigation and the report as a starting point.
“The President to ensure that the commission is adequately resourced, in conjunction with the National Treasury.”
The commission of inquiry, said Madonsela, is to be given “powers of evidence collection that are no less than that of the Public Protector”.
The commission of inquiry would have to complete its work and present its report with findings within 180 days from its date of inception.
The President in turn would have to submit a copy of such a report “with an indication of his/her intentions regarding the implementation to parliament within 14 days of releasing the report”.
In response, the Presidency left its options open, saying – in a statement issued yesterday afternoon – that Zuma would “give consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge”.
More damning findings concerned Eskom CEO Brian Molefe, with Madonsela even suggesting that criminal charges be investigated over his role in the Glencore Optimum sale.
Zuma and six members of his cabinet left for a bilateral summit with Zimbabwe yesterday.
l See more reports on page 6
ZUMA CAPTURED
In the damning 355-page report Madonsela – without making a definite finding against Zuma – said if it was true the controversial Gupta family had prior knowledge of the firing of Nhlanhla Nene as finance minister in December, that would violate the Executive Ethics Code.
“If the Gupta family knew about the intended appointment it would appear that information was shared in violation of section 2.3(e) of the Executive Ethics Code, which prohibits members of the executive from the use of information received in confidence in the course of their duties or otherwise than in connection with the discharge of their duties,” said the report.
In March the Constitutional Court found that Zuma had failed to “uphold, defend, and respect” the constitution, in relation to his handling of Madonsela’s report into Nkandla.
Other stinging findings in the report, State of Capture, include that Mineral Resources Minister Mosebenzi Zwane acted improperly and in possible violation of the Public Finance Management Act (PFMA) when he went to Switzerland with Gupta representatives to facilitate the sale of Glencore’s Optimum Coal Mine to the Gupta-owned Tegeta Exploration & Resources.
Zuma’s son is also a shareholder in Tegeta, via his company Mabengela Investments.
The cabinet also came in for criticism for trying intervene in a dispute between the Guptas and the commercial banks, which had decided to close accounts linked to the controversial family.
“Cabinet appears to have taken an extraordinary and unprecedented step regarding intervention into what appears to be a dispute between a private company co-owned by the President’s friends and his son. This needs to be looked at in relation to a possible conflict of interest between the President as head of state and his private interest as a friend and father as envisaged under section 2.3(c) of the Executive Ethics Code, which regulates conflict of interest, and section 195 of the constitution which requires a high level of professional ethics. Sections 96(2)(b) and (c) of the constitution are also relevant,” said the report.
Madonsela also said the fact that Deputy Finance Minister Mcebisi Jonas’ claim that he was offered money and the finance minister’s job by the Guptas in return for favours was never investigated by the executive may point to an infringement of the Executive Ethics Code.
The code of ethics governs the behaviour of members of the cabinet ministers, their deputies and members of provincial executive councils.
Madonsela further recommended a judicial of inquiry be set up to further probe allegations by Jonas, former senior ANC MP Vytjie Mentor and former government spokesman Themba Maseko against the Gupta family and the alleged role of the president in the saga.
As if anticipating delays by Zuma’s office to appoint the commission and release its findings, Madonsela was clear on the timelines set for the probe to be concluded and when it would be released to parliament and the public.
She gave Zuma 30 days to “appoint … a commission of inquiry headed by a judge solely selected by the Chief Justice who shall provide one name.
“The judge to be given the power to appoint his/her own staff and to investigate all the issues using the record of this investigation and the report as a starting point.
“The President to ensure that the commission is adequately resourced, in conjunction with the National Treasury.”
The commission of inquiry, said Madonsela, is to be given “powers of evidence collection that are no less than that of the Public Protector”.
The commission of inquiry would have to complete its work and present its report with findings within 180 days from its date of inception.
The President in turn would have to submit a copy of such a report “with an indication of his/her intentions regarding the implementation to parliament within 14 days of releasing the report”.
In response, the Presidency left its options open, saying – in a statement issued yesterday afternoon – that Zuma would “give consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge”.
More damning findings concerned Eskom CEO Brian Molefe, with Madonsela even suggesting that criminal charges be investigated over his role in the Glencore Optimum sale.
Zuma and six members of his cabinet left for a bilateral summit with Zimbabwe yesterday.
l See more reports on page 6
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