Former Chief Justice Raymond Zondo.
Image: Timothy Bernard / Independent Media
Former Chief Justice Raymond Zondo has come under heavy criticism after acknowledging that the evidence in the State Capture Inquiry claiming R9 billion in missing assets from the State Security Agency (SSA) during Arthur Fraser’s tenure was incorrect. The recent development was revealed in Zondo’s court papers responding to Fraser’s challenge.
Zondo stated the correct figure was just over R9 million, as noted in a classified Auditor-General report. Political analyst Professor Sipho Seepe weighed in, stating that the acknowledgment of this error by the former chair of the state capture commission, Justice Zondo, is “unfortunate, embarrassing, and unsurprising”.
“It is unfortunate, given the damage this has done to specific individuals. Reputations were destroyed… Some were found guilty in the court of public opinion by mere association.
“Zondo must hang his head in shame after pretending to have been meticulous in handling and presiding over the commission.
“Such errors are, however, to be expected given that commissions are inquisitorial and do not open themselves to the rigours of cross examination of witnesses as expected in the courts. Hearsay ruled the day.
“Chairperson of the commission is not an outside observer or someone who simply hears evidence but also plays an active role in finding the truth.
“What we heard was the 'truth', according to Zondo. Zondo's 'truth' incriminated others and was quick to exonerate the darlings of the establishment.”
Seepe recalled how some of the political leaders also had reservations about the Commission, arguing that ANC secretary-general Fikile Mbalula, while the transport minister said that the Zondo Commission of Inquiry into State Capture was "a place for everybody to urinate because they are bored".
He said that some politicians used the Commission to settle personal and political scores. Questions were sent to the Commission’s spokesperson, Reverend Mbuyiselo Stimela, and the Justice Department and Correctional Services for comment; however, no response was received by IOL at the time of publication.
IOL will update this story as it receives comment.
During the state capture commission of inquiry, Zondo dismissed an application by former prisons boss Arthur Fraser to cross-examine witnesses who implicated him in wrongdoing. Fraser sought to challenge evidence given to the commission that he enabled corruption and a lack of accountability involving at least R125m during his time as director-general of the State Security Agency (SSA). He was also accused of turning the agency into a “piggy bank”.
The commission has continued to receive criticism, with some prominent implicated individuals challenging Zondo’s findings. Among them, former Eskom and Transnet CEO Brian Molefe launched a legal challenge against the Department of Justice, seeking to overturn some of the state capture commission's findings. Molefe argues that the commission's terms of reference, which guided its work from August 2018 to June 2022, were based on speculation rather than concrete proof.
Signalling challenges in the state capture report, the Middelburg specialised commercial crimes court in 2023 struck the state capture case against former Eskom chief executive Matshela Koko and his seven co-accused off the roll, after they argued excessive delays had prejudiced them.
Koko was accused of being central to a “corrupt scheme” in which he was alleged to have helped Swiss engineering firm Asea Brown Boveri (ABB) secure a contract worth R2.2 billion at Eskom’s Kusile power plant.
IOL
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