State Capture exposed weaknesses and challenges in the criminal justice system
State Capture exposed weaknesses and challenges in the criminal justice system
The slow move to pursue those implicated in criminal activities and state capture has exposed institutional weaknesses and challenges in the criminal justice system.
This is according to Corruption Watch, which added that the lack of progress to date is disheartening.
About 1 438 people have been implicated in the rampant looting and the capture of South Africa’s state-owned enterprises, termed ‘State Capture’.
However, only a few were prosecuted, mainly those close to former President Jacob Zuma.
Other implicated ANC leaders such as Gwede Mantashe, Thabang Makwetla, David Mahlobo, Malusi Gigaba, Faith Muthambi and Mildred Oliphant have not been prosecuted.
Corruption Watch executive director Karam Singh said besides the initial set of cases, there are numerous persons implicated in criminal activities and state capture who the NPA must pursue.
“The wheels of justice do indeed move slowly, and the lack of progress to date is disheartening, and speaks to institutional weaknesses and challenges in the criminal justice system,” said Singh.
He added: “However, it should also be stated that the extent of state capture suggests that we cannot prosecute our way out of grand corruption, but must create awareness about the multiple remedies that can be used, apart from prosecutions, to dismantle the networks that allowed corruption to flourish.”
Asked to confirm how many people were prosecuted and how many are yet to be charged, National Prosecuting Authority (NPA) spokesperson Advocate Mthunzi Mhanga referred questions to the Investigative Directorate (ID) spokesperson Henry Mathomane, who said he was on leave but would check with his office and revert.
Corruption Watch, which celebrated World Whistleblower Day last week, said it was proud for being vocal about the involvement of companies such as Steinhoff, EOH, Bain and Company, KPMG and McKinsey in the state capture.
Bain was banned from bidding for state contracts for capturing the South African Revenue Service (SARS). However, it is believed that the company is appealing the decision.
The case of EOH has seen former Minister of Sport, Arts and Culture Zizi Kodwa charged for accepting bribes from the company.
McKinsey was criminally charged for looting Transnet.
Both McKinsey and Bain have paid back what they deemed appropriate values of monies received through the irregular contracts.
Steinhoff also hogged the headlines from 2017 when news broke out of the country’s biggest corporate fraud amounting to R123 billion which was explained as an accounting error.
The fraud also cost the Public Investment Corporation (PIC) close to R21 billion of investments.
This resulted in South Africa’s Financial Sector Conduct Authority's fining the late former chief executive Markus Jooste R475 million for publishing false and misleading the company’s annual financial statements and annual reports for the 2014 to 2016 years.
The company's chief financial officer, Ben la Grange, was also arrested this past week.
La Grange appeared briefly in the Pretoria Specialised Crimes Court alongside another accused in the matter, Stehan Grobler, who was arrested in March this year.
He faces two counts of racketeering, five of fraud and one of corruption.
He also faces three counts of contravention of the Financial Markets Act in relation to the ongoing Steinhoff investigation.
However, Singh said Corruption Watch has no influence over the case.
“In the case of Steinhoff, this was not pursued by the Zondo Commission, but a separate process that we understand involved parliament at some point. The case is now in the hands of the NPA, who must continue to seek justice for those whose lives were destroyed by Markus Jooste and his associates. As Corruption Watch, we have no influence over that case,” he said.
Corruption Watch celebrated whistleblowers who were instrumental in the State Capture Commission's work as part of its commemoration for this year’s Whistleblower Day.