State capture report: What Madonsela wants inquiry to probe

The former Public Protector identified several issues which she stated would form part of the next phase of the investigation.

Advocate Thuli Madonsela. Picture: Louise McAuliffe/EWN.

PRETORIA – Former Public Protector Thuli Madonsela has broadened the investigating scope of a future judicial commissioner of inquiry beyond the findings of her report on state capture by including in it several allegations she did not have the time and resources to investigate herself.

These include deals between national carrier South African Airways (SAA), the South African Broadcasting Corporation (SABC), Transnet and arms manufacturer Denel and several Gupta-owned companies.

Her recommendations state that a commission of inquiry is to investigate all the issues she has identified using her record of the investigation and the report as a starting point.

Madonsela identified several issues which she stated would form part of the next phase of the investigation, which would be the judicial commission of inquiry.

These include the contract SAA awarded to the New Age newspaper for circulation to its customers.

The newspaper was only in circulation for three months when the contract was concluded and its circulation figures are not audited.

Madonsela also identified contracts between the newspaper and the SABC, which required government departments or minister’s to pay a fee if they wanted to communicate with the nation.

Other questionable contracts include those between Denel and Gupta-owned VR-laser, as well as Transnet deals with Regiments Capital and Trillian.

LISTEN: Thuli Madonsela on the 'State of Capture' report


The Gupta family has now reacted to the State of Capture report saying they acknowledge its release, but don’t feel they have been implicated in any wrongdoing.

Their lawyer Gert van der Merwe said the report has no conclusion and only recommends there be a commission of inquiry, which will give his clients a chance to clear their name.

The report implicates President Jacob Zuma in illegal activities related to the Gupta family.

It also implicates Cabinet ministers and parastatals.

Advocate Madonsela says that the investigation has proven that due to the extent of the issues raised in her report, the Public Protector can’t execute the investigation fully due to a lack of resources.

She recommends that the National Treasury needs to ensure that the commission is adequately resourced, and the judge must be given the power to appoint his or her own staff to investigate all the issues using the record of this investigation and the report as a starting point.

The commission must also be given powers of evidence collection that are no less than those of the Public Protector.

Madonsela says the commission must give the President a report with recommendations and findings within 180 days.

The Presidency said Zuma’s decision to withdraw his challenge to interdict the report was in the interest of justice.

It says he will now study the report.

Spokesman Bongani Nqulunga said: “He thought it was in the interest of justice, but he also wanted the matter to be resolved quite speedily. Now what he intends to do is to read the report and then take a decision on whether he think his rights have been breached or not.”

The African National Congress says it’s noted the release of the report and will respond to it today.

Read the Public Protector's full 'State of Capture' report below:

State Capture Report 2016 by Primedia Broadcasting on Scribd

(Edited by Leeto M Khoza)