Volume 1 of State Capture Report released

05 Jan 2022 | Barbara Curson

Raymond Zondo handing over the first of three reports of State Capture to President Cyril Ramaphosa

Presidency (Twitter)

The Judicial Commission of Inquiry into State Capture Report will consist of three parts. Part 1 was released by The Presidency on Tuesday and runs to 874 pages.

Volume 1 deals with SAA, SAAT and SA Express.

The commission found that:

SAA under former chair Dudu Myeni declined “to an entity racked by corruption and fraud"
Former President Jacob Zuma “fled the commission” because he knew that he would not be able to answer the questions put to him, such as his insistence that Myeni be retained at SAA.
Those responsible for governance at SAA, SAAT and SA Express disregarded the standards of accountability.
The criminal complaint against Myeni for disclosing the identity of a protected witness during her testimony must be “brought to finality by the law enforcement agencies and the National Prosecuting Authority”.
Myeni and the individuals involved in securing millions for the personal benefit of herself and the Jacob Zuma Foundation must be further investigated for “possible charges of corruption”.
Myeni made misrepresentations which resulted in financial losses to SAA, and the National Prosecuting Authority (NPA) must investigate whether she “should be prosecuted for fraud”.
Daluxolo Peter, Vuyisile Ndzeku, Lester Peter, and Nontsasa Memela received “kick-backs” totalling R28.5 million relating to finalising the Swissport ground handling contract with SAA.
The award of the five-year components tender to the Joint Venture of AAR and JM Aviation was “unlawful, irregular and unfair”, and recommended that the NPA should consider prosecuting the JM Aviation directors, the members of the Board of SAAT at the time, including Yakhe Kwinana and Nontsasa Memela, for corruption or related crimes.
Ndzeku, Memela, and Kwinana’s lawyer Lindelwa Mbanjwa hid the “true nature of the payments made by JM Aviation” to Memela through Mbanjwa, and that Ndzeku and Kwinana “tried to hide the payments made” to Kwinana’s company.
The commission recommended that the Legal Practice Council should consider whether Mbanjwa and Memela should be removed from the roll of attorneys, and from the roll of advocates respectively.