Three years after the Zondo commission exposed the scale of state capture in South Africa, only four people have been found guilty out of 218 cases linked to its findings.
This is according to the progress report recently submitted by President Cyril Ramaphosa to Thoko Didiza, the Speaker of the National Assembly.
Only 10 cases have concluded with a verdict, conviction, acquittal, withdrawal, or termination of investigation, according to the report.
At least 111 cases are currently under active investigation.
“The Integrated Task Force, led by the National Prosecuting Authority, is actively implementing 21 criminal investigation recommendations across multiple state capture focus areas,” said Ramaphosa.
Former senior engineer at the Passenger Rail Agency of South Africa (Prasa), Daniel Mthimkhulu, was sentenced to 15 years imprisonment for fraud.
Sunday World previously reported that Mthimkhulu misrepresented his credentials by stating that he had earned a doctorate in engineering management from Technische Universitat Munchen (Munich Technical University) in Germany.
He further lied that he had a master’s degree from the University of Witwatersrand.
Prasa-related crimes
The Special Investigating Unit (SIU) is still investigating Prasa-related crimes after Ramaphosa signed a proclamation giving the SIU power to investigate alleged corruption and misconduct at the agency from 2010 to 2024.
“The state capture commission recommended the establishment of a Commission of Inquiry into the Passenger Rail Agency of South Africa.
In the president’s response, it was stated that a decision on the establishment of a commission of inquiry into Prasa would be held in abeyance until the completion of the expanded investigations by the SIU.
“A decision on the establishment of a commission of inquiry into Prasa will be held in abeyance until the completion of the investigations underway,” reads the report.
The report has also highlighted this matter under action delayed but work proceeding.
Suspended prison sentences
Mpho Mokoena, the former head of human settlements in Free State, was found guilty of violating the Public Finance Management Act and the Prevention and Combating of Corrupt Activities Act.
This is for his role in the troubled Free State housing project in 2010 and 2011.
Mokoena failed to prevent the unauthorised, wasteful and irregular expenditure of at least R500-million related to the building of RDP houses in the province in 2010.
Mokoena received two suspended prison sentences, including 10 years on the first count and five years on the second.
The late Duduzile Myeni, the former chairperson of SAA, was prosecuted for disclosing the identity of a protected witness during her testimony at the commission.
She was fined R120 000.
The fourth case involves the State Security Agency and an unnamed accused person who pleaded guilty to fraud, money laundering, and unlawful interception of communications.
The individual received a slap on the wrist when they were sentenced to 18 years imprisonment, fully suspended for three years on condition of no further offences and full cooperation with investigators.
“An AFU [asset forfeiture unit] confiscation order of R1.35-million in terms of Section 18 [1] of Poca [Prevention of Organised Crime Act] was obtained and paid into CARA,” reads the report.
High-profile cases due in courts
Ramaphosa said more high-profile cases will be in courts through 2025 and 2026. These include the Free State case for asbestos removal, SA Express, Bosasa-related cases, and Transnet contracts.
The AFU showed assets worth R1.9-billion in asbestos-related matters and R58.8-million in Bosasa-related matters that are currently under restraint or preservation orders, while the SIU has recovered R743 578 420 in Transnet-related matters.
“The government has achieved remarkable success in recovering stolen public funds, with total recoveries now reaching nearly R11-billion, a substantial increase from the R2.9-billion reported in October 2022.
“This includes R2.9-billion received by the Special Investigating Unit and R8-billion by the Asset Forfeiture Unit.
“Additionally, assets worth R10.6-billion are currently under restraint or preservation orders, indicating significant additional recoveries to come.
“Major recoveries include settlements from ABB (R2.55-billion), McKinsey (R1.12-billion), and SAP (R1.16-billion),” said Ramaphosa.
