It's likely Zuma broke the law with Bosasa - third state capture report release

The report also says there are "reasonable grounds" to suspect that Jacob Zuma was in breach of his obligations as president.

FILE: Former President Jacob Zuma appears in the Pietermaritzburg High Court on 31 January 2022. Picture: Nhlanhla Mabaso/Eyewitness News

JOHANNESBURG - The Zondo Commission of Inquiry into State Capture said that there was reason to believe that former President Jacob Zuma broke the law with Bosasa "gratifications".

This was contained in the third instalment of the commission’s report, which was published on Tuesday night. The report comprises of four volumes, all focusing on Bosasa.

The report heavily implicated Zuma through his relationship with Bosasa boss Gavin Watson, which the document said gave the former leader incentives and in turn used Zuma’s influence to secure lucrative government contracts. Bosasa, which is now known as African Global Operations, was also found to have bribed several high-powered politicians and government officials.

It said that there were "reasonable grounds" to suspect that the former president was in breach of his obligations as president under the Constitution, under the executive ethics code, and that he broke the law. It went on to say that Bosasa and its leadership provided bribes to Zuma aimed at gaining influence over him.

"Bosasa and its leadership clearly provided inducements and gain to Mr Zuma, aimed at gaining influence over him," the report stated. "... Based on the foregoing analysis, there is sufficient evidence to establish that Mr Zuma accepted gratification from another person, ie Bosasa (or its directors or employees), which held and sought to obtain contracts with government," the report said.

The bulk of the evidence against Zuma was brought to light by Bosasa's former chief operations officer, Angelo Agrizzi, during his captivating testimony at the inquiry.

The report made it clear that a significant portion of the evidence was hearsay but said that it was admissible in the commission's proceedings.

Agrizzi testified how former chairperson of the Jacob Zuma Foundation, Dudu Myeni, often called on Bosasa boss Watson to sponsor high-end functions for the former president, costing an estimated R3.5 million annually. He also claimed that he was asked for a cake for Zuma's 72nd birthday and that it had the Bosasa logo on it.

Like other serious allegations that have emerged against leaders at the commission, this too has been referred to the appropriate authorities for further investigation, and if need be, for another corruption case to be opened against the former president. Alongside French arms company Thales, Zuma is currently facing multiple charges of fraud, racketeering, money laundering and corruption stemming from the 1999 arms deal.

The report also implicates former minister Nomvula Mokonyane and former member of Parliament, Vincent Smith among others. Smith is currently facing criminal charges. President Cyril Ramaphosa's name also features in the report over donations made to his CR17 campaign to become African National Congress (ANC) president in 2017.

The commission, which sat for four years, heard testimony relating to how the country’s public institutions were infiltrated, looted and hollowed out during Zuma’s tenure as head of state. The High Court in Pretoria recently granted the commission an additional two months to the end of April to complete its work. Ramaphosa has also been granted an extension of four months from receipt of the full report to present to Parliament an implementation plan in response.

WHAT THE OTHER RELEASES SAY SO FAR

Commission chair Judge Raymond Zondo presented the first volume of the report to the president at the Union Buildings on 4 January. The 800-plus page report shows how state resources were used to further the criminal project of state capture corruption and fraud at state-owned entities.

It also outlines how during Dudu Myeni's term as South African Airways (SAA) board chairperson, she used the State Security Agency to illegally vet employees. The Zondo report found 118 employees at South African Airways were subjected to an invasive, intrusive and extremely personal vetting process as a result of being privy to classified information during the time that Myeni was board chair.

The commission found that the process was pointless, harmful and unlawful as the workers were not vetted solely to determine whether they would share classified information.

The second part was handed to the Presidency on 1 February, which dealt with alleged corruption and fraud at state owned companies Denel and Transnet.

On Transnet, the commission heard evidence pointing to lapses in governance that could have enabled corruption. It also touched on roles played by its former executives and former Minister of Public Enterprises Malusi Gigaba in allegedly aiding the capture of the state-owned company by the Gupta family and other businesses.

Transnet, which is in charge of the country’s ports, rail and pipelines, was almost brought to its knees as high value tenders and contracts became a vehicle for irregularities including bribes and other malfeasance. The second part states that evidence presented before the commission points to shortcomings in the procurement processes at Transnet to such a degree that the function was manipulated, especially at its freight rail component.

Read the full reports in order of release below.

Judicial Commission of Inquiry Into State Capture Report_Part 1 by Primedia Broadcasting on Scribd

Part 2_Vol 1_Trasnet_Report of the State Capture Commission PART II Vol I 010222 by Primedia Broadcasting on Scribd

Part 3 - Vol 1 - Bosasa - Report of the State Capture Commission by Primedia Broadcasting on Scribd

Part 3 - Vol 2 - Bosasa - R... by Primedia Broadcasting

Part 3 - Vol 3 - Bosasa - R... by Primedia Broadcasting

Part 3 - Vol 4 - Bosasa - R... by Primedia Broadcasting