Approximately 53 weeks ago, President Cyril Ramaphosa made a commitment to tackle corruption head-on and prevent a recurrence of State Capture under his leadership. He pledged to hold those responsible for State Capture accountable through arrests and legal action. However, it appears that little progress has been made in fulfilling this promise.
In his formal response to the Zondo Commission’s findings a year ago, President Ramaphosa declared, “The people of South Africa are tired of corruption and want it to end.” He went further by publicly assuring, “Those involved in corruption or contemplating criminal conduct must understand that all state resources will be used to bring them to justice. There will be no refuge for corrupt individuals, criminal networks, or State Capture perpetrators.”
Ramaphosa has referred to the State Capture period as “nine wasted years.” While some measures have been introduced to prevent a recurrence of such corruption, the political will to enforce these measures appears lacking.
Recently, Chief Justice Raymond Zondo, the former chair of the Commission of Inquiry into State Capture, expressed concerns at a conference hosted by the Public Affairs Research Institute and the Council for the Advancement of the South African Constitution. He noted that out of the commission’s 10 recommendations related to public procurement, only four had been incorporated into the new Public Procurement Bill. Zondo was particularly troubled by the absence of an independent agency to investigate public procurement.
It raises questions about why Zondo’s recommendations were not included in the new Bill, and the lack of public explanations only fuels suspicions.
At the same conference, Andrea Johnson, the head of the National Prosecuting Authority’s (NPA) Investigating Directorate, explained that the temporary status of her unit made it challenging to hire full-time investigators.
Another significant issue is the substantial delays in South Africa’s court system. For instance, the Estina Dairy case is scheduled to begin in August, even though Ace Magashule was first arrested in 2020 and has since been involved in various political activities. The corruption trial of former Eskom boss Matshela Koko could also drag on for years.
In addition, ANC Chair Gwede Mantashe’s court challenge to the Zondo Commission’s findings against him remains pending, potentially taking another two years.
In South Africa’s legal landscape, the pursuit of justice often resembles a never-ending journey rather than a destination.
There are no visible plans to expedite these cases or provide additional court resources, except for the Special Tribunal, which handles government repayment cases but not criminal matters.
Furthermore, the Justice Department’s failure to allocate sufficient funding to the Office of the State Attorney to defend the Zondo Commission’s findings raises concerns. Typically, a commission’s findings are considered government findings, requiring the government to oppose challenges. Justice Zondo resorted to organizing private lawyers to defend some cases without certainty about their compensation, only resolved recently.
Both the NPA and the Hawks are grappling with chronic underfunding, with the possibility of further budget cuts looming. Meanwhile, the VIP Protection Unit budget and ministerial perks remain largely unaffected.
Despite public statements supporting whistleblowers, recent events offer little encouragement for individuals to expose corruption. The mastermind behind the murder of Babita Deokaran remains at large, and companies implicated in the Tembisa Hospital corruption scandal continue to secure contracts.
Martha Ngoye, a whistleblower on corruption at Prasa during the State Capture era, remains barred from returning to her job, even as Prasa prepares to invest R50 billion in new infrastructure.
While Ramaphosa and his supporters may argue that these changes take time, the South African public expects the simplest of promises to be upheld in the fight against corruption.