NEWS
The impact of Amendment of Section 11 of the Regulations Governing the State Capture Inquiry.
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n 28 July, the terms of Section 11 of the Regulations governing the State Capture Inquiry, widely referred to as the Zondo Commission, were amended in terms of a Government Gazette signed by State President Cyril Ramaposa. Simplistically the amendment had a twofold effect. Firstly investigators and evidence leaders at the Inquiry are permitted to share information and documents gathered over the duration of the hearings with the Directorate for Priority Crime Investigation (Hawks) and National Prosecuting Authority (NPA) including the recently established Investigative Directorate (ID) unit in the National Prosecuting Authority headed by Hermione Cronje. This information would include, by way of example, bank records, cell phone records, emails and documents (including official documents) which are substantial, given the duration and painstaking procedures and processes followed by the Zondo Commission since it commenced on 21 August 2018. Secondly, the officials (principally the investigators and evidence leaders referred to above) at the Inquiry can now be co-opted and employed by the NPA, Hawks and ID once the Inquiry has completed its mandate and the required reports and findings are delivered. In effect, this provides the NPA and Hawks
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with the foundation fo accelerated access to the basis of a program to commence legal action and prosecution against those implicated in wrongdoing during the process of the Inquiry. Possibly, it is best to note that any person who deposed before the Commission and incriminated himself/herself retains the right at prosecution to remain silent and their testimony before the Commission cannot be adduced as evidence of guilt. Having referred to the amendment to Section 11 it is necessary to look at the impact that this has had. One of the most publicised actions to date has been the arrest of Edwin Sodi, who together with six others (including former Free State Housing Department Head Nthimotse Mokhesi and former National Human Settlements Director-General Thabane Zulu), who have been charged with fraud and corruption in relation to the R250m Free State asbestos contract which was awarded to Sodi’s company Blackhead Consulting through an allegedly illegal unsolicited bid. Subsequently it is alleged millions of Rands were channelled to politically connected individuals and officials who were involved in the contract. The asbestos contract awarded to Blackhead Consulting was extended to include Gauteng and further corrupt activity is alleged to have occurred on the extended contract. Sodi has been
SECURITY FOCUS AFRICA SEPTEMBER 2020
released on R500 000 bail and the NPA’s Assets Forfeiture Unit has frozen the assets of Sodi, Zulu and Mokhesi as well as others charged. The arrest and charging of Sodi attracted adverse comment from Economic Freedom Fighters Commander-in-Chief Julius Malema who expressed the opinion that the “Hollywood style” process was unnecessary. Equally publicised has been the arrest of Deputy National Police Commissioner for Human Resources Bonang Mgwenya for her alleged role in relating to a R200 million tender fraud for South African Police vehicle emergency warning equipment. Mgwenya has been charged with corruption, theft and money laundering and released on R20 000 bail. Charges have been brought against twelve others including former South African Police Commissioner Khomotso Phahlane in the same case. Mgwenya has since been placed on suspension by National Police Commissioner Khehla Sitole. ID Head Hermione Cronje, at the time of Mgwenya being charged, pointed to this as part of the process to clean up law enforcement so that those who serve and protect society are indeed doing so. Details of corruption alleged to have involved numerous political figures was given over a protracted period before the Commission by the former Chief
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