Natasha Marrian Political editor: Business Day
Deputy Chief Justice Raymond Zondo, left. Picture: RAJESH JANTILAL
Deputy Chief Justice Raymond Zondo, left. Picture: RAJESH JANTILAL

State capture, corruption and fraud in the public sector and all organs of state, and for which members of the executive — including President Jacob Zuma — are responsible, form part of the much-anticipated terms of reference for the judicial commission of inquiry into state capture. The inquiry is to be chaired by Deputy Chief Justice Raymond Zondo.

The terms of reference, gazetted on Thursday and to be signed by Zuma on Tuesday, are guided by former public protector Thuli Madonsela’s State of Capture report, the Constitution, relevant legislation as well as the high court judgment on the review of her report, according to the government gazette.

But they are also broadened to include the illegal awarding of tenders not only to the Gupta family but any other family, corporate or entity.

It includes the allegations that the Gupta family had offered former deputy finance minister Mcebisi Jonas a Cabinet post and also the post offered to former MP Vytjie Mentor. It also includes whether any member of the Cabinet had unlawfully sought to intervene in the closure of the controversial Gupta family’s bank accounts.

This was after the Cabinet agreed that a task team should be set up to probe the closures, headed by Gupta-linked Mineral Resources Minister Mosebenzi Zwane.

The terms of reference includes whether Zuma or any member of the executive was responsible for, or had a role in, the offers of Cabinet posts by the Guptas, and whether appointments were disclosed to the family prior to their being announced.

It includes whether Zuma or any member of the “present or previous” national executive and public officials violated the Constitution by illegally awarding tenders to benefit the Gupta family, “or any other family, individual or corporate entity doing business with government or any organ of state”.

The time period outlined for the probe is 180 days and the terms of reference include a provision that they can be amended or varied “from time to time”.

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