Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Digital authoritarianism grows as African states normalise internet blackouts

      Digital authoritarianism grows as African states normalise internet blackouts

      19 December 2025
      Starlink satellite anomaly creates debris in rare orbital mishap

      Starlink satellite anomaly creates debris in rare orbital mishap

      19 December 2025
      TechCentral's South African Newsmakers of 2025

      TechCentral’s South African Newsmakers of 2025

      18 December 2025
      Malatsi buries Post Office's long-dead monopoly

      Malatsi buries Post Office monopoly the market ignored

      18 December 2025
      China races to crack EUV as chip war with the West intensifies

      China races to crack EUV lithography as chip war with the West intensifies

      18 December 2025
    • World
      Trump space order puts the moon back at centre of US, China rivalry - US President Donald Trump

      Trump space order puts the moon back at centre of US, China rivalry

      19 December 2025
      Warner Bros slams the door on Paramount

      Warner Bros slams the door on Paramount

      17 December 2025
      X moves to block bid to revive Twitter brand

      X moves to block bid to revive Twitter brand

      17 December 2025
      Oracle’s AI ambitions face scrutiny on earnings miss

      Oracle’s AI ambitions face scrutiny on earnings miss

      11 December 2025
      China will get Nvidia H200 chips - but not without paying Washington first

      China will get Nvidia H200 chips – but not without paying Washington first

      9 December 2025
    • In-depth
      Black Friday goes digital in South Africa as online spending surges to record high

      Black Friday goes digital in South Africa as online spending surges to record high

      4 December 2025
      Canal+ plays hardball - and DStv viewers feel the pain

      Canal+ plays hardball – and DStv viewers feel the pain

      3 December 2025
      Jensen Huang Nvidia

      So, will China really win the AI race?

      14 November 2025
      Valve's Linux console takes aim at Microsoft's gaming empire

      Valve’s Linux console takes aim at Microsoft’s gaming empire

      13 November 2025
      iOCO's extraordinary comeback plan - Rhys Summerton

      iOCO’s extraordinary comeback plan

      28 October 2025
    • TCS
      TCS+ | Africa's digital transformation - unlocking AI through cloud and culture - Cliff de Wit Accelera Digital Group

      TCS+ | Cloud without culture won’t deliver AI: Accelera’s Cliff de Wit

      12 December 2025
      TCS+ | How Cloud on Demand helps partners thrive in the AWS ecosystem - Odwa Ndyaluvane and Xenia Rhode

      TCS+ | How Cloud On Demand helps partners thrive in the AWS ecosystem

      4 December 2025
      TCS | MTN Group CEO Ralph Mupita on competition, AI and the future of mobile

      TCS | Ralph Mupita on competition, AI and the future of mobile

      28 November 2025
      TCS | Dominic Cull on fixing South Africa's ICT policy bottlenecks

      TCS | Dominic Cull on fixing South Africa’s ICT policy bottlenecks

      21 November 2025
      TCS | BMW CEO Peter van Binsbergen on the future of South Africa's automotive industry

      TCS | BMW CEO Peter van Binsbergen on the future of South Africa’s automotive industry

      6 November 2025
    • Opinion
      Netflix, Warner Bros deal raises fresh headaches for MultiChoice - Duncan McLeod

      Netflix, Warner Bros deal raises fresh headaches for MultiChoice

      5 December 2025
      BIN scans, DDoS and the next cybercrime wave hitting South Africa's banks - Entersekt Gerhard Oosthuizen

      BIN scans, DDoS and the next cybercrime wave hitting South Africa’s banks

      3 December 2025
      Your data, your hardware: the DIY AI revolution is coming - Duncan McLeod

      Your data, your hardware: the DIY AI revolution is coming

      20 November 2025
      Zero Carbon Charge founder Joubert Roux

      The energy revolution South Africa can’t afford to miss

      20 November 2025
      It's time for a new approach to government IT spend in South Africa - Richard Firth

      It’s time for a new approach to government IT spend in South Africa

      19 November 2025
    • Company Hubs
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » State capture report: Now for the prosecutions

    State capture report: Now for the prosecutions

    By Richard Calland7 January 2022
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    No self-respecting theatre critic would dream of reviewing a three-act play during the interval at the end of the first act. But that is what one is compelled to do after South Africa’s State Capture Commission released part one of its inquiry report. This is more so because those implicated by its findings will be doing all they can to undermine the credibility of its reports.

    And in keeping with this dramatic theme, spoiler alert: my view is that deputy chief Justice Raymond Zondo, who chaired the commission, has nailed it.

    In response, many will ask the question: has he really? And, even if he has: so what?

    President Cyril Ramaphosa described receiving the report as a “defining moment”

    In light of the apparent weaknesses in South Africa’s state capacity and institutions, there is understandable scepticism as to whether the government has the technical capability, let alone the political will, to implement the many recommendations that are emerging from the painstaking labour of the deputy chief justice and his small band of support staff and lawyers.

    President Cyril Ramaphosa described receiving the report as a “defining moment” in South Africa’s history. It could yet be so. But only if the work of the commission leads to decisive action and systemic reform.

    Without this, the Zondo commission will merely have been an exercise in catharsis – not the first steps to delivering justice and accountability.

    Truth

    The hearings themselves, and the extraordinary range of evidence that was adduced before the commission, certainly provided catharsis, but also “truth”. For those with open eyes, the denuding of democratic state legitimacy was uncovered and the key protagonists – both perpetrators and victims – identified.

    The democratic state was captured; key institutions were looted as vast sums of public money were stolen. Former President Jacob Zuma and his motley network of exploited and exploitative allies were responsible.

    That much is abundantly clear from just part one of Zondo’s report. Now they must be held fully to account. Justice will need to be done.

    Zondo was appointed to chair the commission almost four years ago, in January 2018. This was after then-President Zuma had tried and failed to prevent it from being established as a part of the remedial action required by then public protector Thuli Madonsela in her October 2016 ‘State of Capture’ report.

    The commission’s first hearing was six months later. Thereafter it sat for more than 400 more days, interviewing 300 witnesses and yielding 75 000 pages of transcription.

    In all, 1 438 individuals and institutions have been implicated, according to the introduction to the document published on 4 January.

    Given the cost of the inquiry – and the 1.7 million pages of evidence – a further question arises: was it worth the time, effort and expense?

    Having read through the 874 pages of this first part, a number of notable features emerge.

    First of all, it is lucid and cogent, despite the regrettable absence of an executive summary. The public will have to wait until the publication of part three of the report at the end of February to review the executive report.

    Despite this unusual inversion, the executive report will still matter a great deal, and will require skilled wordsmithery if it is to provide the public with a clear story line. This will, in turn, help ensure that the report remains “alive” in the public eye and does not get pushed into the background by other events – as has happened with similar reports in the past, such as the Asmal report on chapter 9 institutions as well as the Farlam report on Marikana massacre.

    To allow the report to gather dust would be a huge waste of the investment in the Zondo commission

    To allow the report to gather dust would be a huge waste of the investment in the Zondo commission.

    Despite the absence of an overarching narrative summary, each chapter of part one presents an intricate and fascinating account of how three public entities – South African Airways, the government’s information arm (GCIS) and the South African Revenue Service – were systematically “captured” with criminal intent, and how misinformation, both through the diversion of public funds to a puppet-media organisation, the New Age, and the subversion of GCIS, was used to try and cover up what was going on.

    There were notorious key ringmasters, some well known already. These include Zuma, former SAA chair Dudu Myeni and Mzwanele Manyi, Zuma’s current spokesman and the man who was helicoptered in to head GCIS after the incumbent Themba Maseko was summarily dismissed, according to the report, at the behest of the Gupta family.

    But, now, a much wider cast of accomplices and useful idiots are exposed.

    Private entities, such as the consulting firm Bain, where the evidence of whistle-blower Athol Williams is applauded by Zondo, were also deeply complicit.

    Specific and precise

    Secondly, it reads like a legal judgment, which is how it should be. The concern was that Zondo might fail to grasp the nettle and either shirk the most difficult issues or fudge its findings – as the Marikana massacre report did, on the core issues such as police culpability in the murder of the miners. He has not.

    Assisted by some trusted former judicial colleagues, but under his attentive eye, Zondo has recognised the need to be both specific and precise. As a mountain of evidence was combined and the report constructed, the strategy was to provide a sound basis for prosecutions. The dots have now been joined.

    A vast database of evidence can now be placed at the disposal of the Directorate for Priority Crime Investigation, known as the Hawks, and the National Prosecuting Authority.

    In due course, no doubt, the legal coherence and rationality of the report will be tested in court. There will be numerous judicial review applications that will seek to obscure the picture and delay justice. It may be another four years before the whole process concludes – the completion of the commission’s work is just the start.

    Thirdly, flowing from the findings, part one of the report offers concrete recommendations. Some recommend that certain implicated persons are either investigated or prosecuted. In other instances, the report addresses institutional failings or legal gaps.

    So, for example, in chapter 4 of this first part – on public procurement – Zondo recommends that a new institution be created to which whistle-blowers can go (a Public Procurement Anti-Corruption Agency), and, furthermore, that the new agency have authority to negotiate a financial incentive for potential whistle-blowers.

    These are very concrete recommendations. They should be taken seriously, but they are not uncontroversial, and will require further debate.

    Nonetheless, what Zondo is doing, in addition to providing the evidential bedrock so that those responsible can be held criminally to account for their abuse of power, is setting out how the governance system needs to be strengthened. By the time part three is published at the end of February, a substantial reform agenda will have been laid out.

    The end game

    Even with two acts of this play to go, it is reasonable to conclude that Zondo has played his part. Now it will up to the government to deliver, and for the public, civil society and the media to ensure that it does.

    But there will be many more twists in the plot. There will be lawfare, attempts to subvert the criminal justice system, which is still recovering from state capture. The power struggle within the ANC in the run-up to its five-yearly national elective conference at the end of this year will be even more bloody as a result.

    If the late Archbishop Desmond Tutu was the moral compass of the nation, then Zondo is constructing an ethical map. How South Africa navigates its course in the coming years will define its long-term future.The Conversation

    • Richard Calland is associate professor in public law, University of Cape Town
    • This article is republished from The Conversation under a Creative Commons licence


    Cyril Ramaphosa Dudu Myeni Eskom GCIS Jacob Zuma Mzwanele Manyi Richard Calland SAA Themba Maseko Transnet
    Subscribe to TechCentral Subscribe to TechCentral
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleNon-geographic number porting finally gets the green light
    Next Article Minister to approach Telkom over spectrum litigation

    Related Posts

    Presidency backs Solly Malatsi in BEE reform fight - Cyril Ramaphosa

    Presidency backs Solly Malatsi in BEE reform fight

    15 December 2025
    Ramokgopa bullish on energy outlook as new projects get green light - Kgosientsho Ramokgopa

    Ramokgopa bullish on energy outlook as new projects get green light

    15 December 2025
    ICT BEE fight deepens as MK, EFF target Malatsi - Colleen Makhubele

    ICT BEE fight deepens as MK, EFF target Malatsi

    15 December 2025
    Company News
    Why TechCentral is the most powerful platform for reaching IT decision makers

    Why TechCentral is the most powerful platform for reaching IT decision makers

    17 December 2025
    Business trends to watch in 2026 - Domains.co.za

    Business trends to watch in 2026

    17 December 2025
    MTN Zambia launches world's first 4G cloud smartphone solution - Huawei

    MTN Zambia launches world’s first 4G cloud smartphone solution

    17 December 2025
    Opinion
    Netflix, Warner Bros deal raises fresh headaches for MultiChoice - Duncan McLeod

    Netflix, Warner Bros deal raises fresh headaches for MultiChoice

    5 December 2025
    BIN scans, DDoS and the next cybercrime wave hitting South Africa's banks - Entersekt Gerhard Oosthuizen

    BIN scans, DDoS and the next cybercrime wave hitting South Africa’s banks

    3 December 2025
    Your data, your hardware: the DIY AI revolution is coming - Duncan McLeod

    Your data, your hardware: the DIY AI revolution is coming

    20 November 2025

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Digital authoritarianism grows as African states normalise internet blackouts

    Digital authoritarianism grows as African states normalise internet blackouts

    19 December 2025
    Starlink satellite anomaly creates debris in rare orbital mishap

    Starlink satellite anomaly creates debris in rare orbital mishap

    19 December 2025
    Trump space order puts the moon back at centre of US, China rivalry - US President Donald Trump

    Trump space order puts the moon back at centre of US, China rivalry

    19 December 2025
    TechCentral's South African Newsmakers of 2025

    TechCentral’s South African Newsmakers of 2025

    18 December 2025
    © 2009 - 2025 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}