A former president of South Africa, Jacob Zuma, who has until now refused to answer
specific questions on alleged state capture during his time in office, has agreed to make
himself available to the Zondo Commission of inquiry into State Capture.
Zuma said he would attend the commission in July 2019, even though, in a letter from his
lawyer, Daniel Mantsha, he maintained that the commission was biased against him, and
lacks the requisite impartiality.
While Zuma’s lawyers say that he will appear between 15 and 19 July 2019, they have given
no guarantee that he will actually testify, or answer questions, and have repeated their
request for him to be given the questions he will face in advance, so he can meaningfully
respond to them.
Zuma has had a problematic relationship with the Commission, which he was forced to appoint
in January 2018, shortly before he left office, after a report by former public protector,
Thuli Madonsela.
He has at times dismissed the whole concept of state capture, while denying all corruption
allegations against himself.
This has come, even as the Gupta family, friends of his, and business partners of his son,
have been at the centre of allegations, that they used their association with the former
president, to divert state resources towards their business interests.
The Gupta family is said to have grown so influential during Zuma’s time in office,
that it appointed ministers and heads of state-owned enterprises, most of which were looted into
financial ruin.
Allegations linked to the family, include an attempt to bribe the then deputy minister
of finance, Mcebisi Jonas, interventions to give the family access to Eskom, and possible
breaches of the Executive Ethics Code in Zuma’s appointment of cabinet members.
Much like the fracas with the inquiry, Zuma previously did not respond to Madonsela’s
questions, in relation to her investigation, on the basis that he was not adequately prepared
to do so.
Madonsela did not accept that explanation.
Her interview with him, however, concluded, with her agreeing to accept an affidavit,
responding to her questions, with a follow-up meeting to ask questions.
Instead, she received an interdict from Zuma’s office, a day before she was due to leave
office, which aimed to prevent her releasing her findings.
That interdict bid failed, as did Zuma’s attempt to have the report set aside.
Zuma’s undertaking to attend the commission, comes after an antagonistic stand-off between
Mantsha, and the commission’s acting secretary, Peter Pedlar, which last week, saw the commission
issue a statement, saying that Zuma was not entitled to see questions before he agreed
to appear.
Mantsha says, that statement, and commission chair Raymond Zondo’s request, that the
former president respond to the evidence against him, had left Zuma and his lawyers with the
distinct impression, that you seek your own truth, and to deliver our client to the commission
for public display, and in order to ambush, and humiliate him, rather than to fulfil the
mandate of the commission, as set out in the terms of reference.
The inquiry has previously refused to be publicly drawn on Zuma’s accusations, that it had
become politicised and was deliberately targeting him.
Instead, it said it would consider its legal options, if the former president did not undertake
in writing to give evidence.
Options included a subpoena.
Commission spokesperson Mbuyiselo Stemela, in response to a request for comment on Zuma’s
lawyers’ letter, told Business Day, that it would process and revert.
The response was not available at the time of publication.
The inquiry remains adamant that there is evidence, which Zuma needs to respond to,
including the testimony of former Government Communications boss, Themba Maseko, former
ANC MP, Vytjie Mentor, former Finance Minister, Nhlanhla Nene, Minister of Public Enterprises,
Pravin Gordhan, Former Ministers, Barbara Hogan and Ngoako Ramatlhodi, and Transport
Minister Fikile Mbalula.
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