The Constitutional Court held a special sitting on Wednesday last week to pay tribute to Chief Justice Raymond Zondo on the occasion of his retirement from the court. It was a fitting end to a distinguished legal career and a worthy celebration of a jurist who has upheld and championed our democratic constitutional order.
During a career spent in the service of justice, one of Judge Zondo’s most prominent and outstanding contributions was as the chairperson of the judicial commission established to investigate allegations of state capture and other corruption. It has become known as the Zondo Commission.
Through the work of the commission, which Judge Zondo led with diligence and integrity, the country came to understand what happened during the era of state capture. There were revelations on who was involved. We saw what effect state capture had on our state, economy and society. It was a huge undertaking, involving more than 400 days of hearings, over 300 witnesses and more than 1.7 million pages of documentary evidence.
The report of the commission contained findings and recommendations that will help define the course of public affairs in South Africa for many years to come. Judge Zondo has established standards of ethical conduct, accountability and transparency that enable us to build a better society.
Since Judge Zondo handed over the commission’s report to the President, we have been hard at work to implement its recommendations. Not only have we worked to hold those responsible for state capture to account and to recover stolen funds, but we have also put in place laws, institutions and practices to ensure that state capture never happens again. We continue to take steps to prevent, detect and act against corruption.
In the last few months, I have signed into law several pieces of legislation that respond directly to the commission’s recommendations and which, in many instances, will fundamentally change the way government works.
The Public Procurement Act is one such law. It recognises the assertion by Judge Zondo that corruption in procurement was “the centrepiece of state capture”. Among other things, the law prohibits any person from trying to interfere with or influence procurement. Suppliers who abuse the system are debarred from participating in future procurement processes. Certain categories of people – mainly public office bearers and people who work for the state – may not do business with the state.
Another law is the National Prosecuting Authority Amendment Act, which establishes the Investigating Directorate against Corruption. The Directorate will be a permanent, prosecution-led agency with full criminal investigative powers. It will be able to recruit and retain specialist skills and develop capabilities such as the collection and analysis of digital evidence.
The Electoral Matters Amendment Act, which was signed into law in May, amended the Political Party Act to make it a criminal offence to make donations to gain political influence or favour.
In responding to another recommendation by the Commission, the Companies Second Amendment Act strengthens actions against delinquent directors or company officers for wrongdoing. It extends the period during which proceedings may be launched to recover any loss, damages or costs against such a person.
Other draft legislation is currently being considered by Parliament which would, among other things, make a clear distinction between the powers of elected officials, such as Ministers, and professional public servants, such as Directors-General. This will help to prevent the kind of undue political interference that the State Capture Commission found sometimes enabled corruption. As part of the draft legislation, public servants who leave government may not, within 12 months of leaving, accept employment or appointment to the board of a service provider to which they were involved in awarding a contract.
Work is underway, with the assistance of the National Anti-Corruption Advisory Council, to review the country’s anti-corruption architecture. Other areas where policy reforms are being considered is in the appointment of key positions like the SARS Commissioner and the National Director of Public Prosecutions, support and protection of whistle-blowers, and the creation of a statutory offence for the abuse of public powers.
As we strengthen our efforts to prevent and combat corruption, in line with the recommendations of the state capture commission, our law enforcement agencies have been undertaking investigations recommended by the commission against alleged perpetrators.
The state has secured nearly R10 billion in forfeiture orders and settlement agreements linked to State Capture cases. In addition, preservation and restraint orders to the value of R17 billion have been granted while court processes are underway.
All of this work demonstrates that the recommendations of the State Capture Commission are being steadily and thoroughly implemented across government.
But there is much more to do. Not only do we need to complete the reforms we have embarked on and ensure that all perpetrators are brought to book, but we need to continuously work to build a society in which corruption no longer has any place.
Chief Justice Raymond Zondo can retire from office knowing that he has done his country an invaluable service. It is now our responsibility as a society to work together to give effect to his legacy and to build a fairer, just and ethical nation.
From the desk of the President was first published on the 26th of August 2024.
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