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State Capture Inquiry Regulations Amended

July 30, 2020

The Presidency

The Regulations of the Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State have been amended.

The presidency published Proclamation 24 in Government Gazette 43563.

The Inquiry’s Terms of Reference were published in January 2018.

The Inquiry is tasked with investigating allegations of state capture, corruption and fraud in the public sector including organs of state.

Deputy chief justice Raymond Zondo was appointed as the Inquiry’s chairperson.

One of the issues the Inquiry must focus on is “whether, and to what extent and by whom attempts were made through any form of inducement or for any gain of whatsoever nature to influence members of the National Executive (including Deputy Ministers), office bearers and /or functionaries employed by or office bearers of any state institution or organ of state or directors of the boards of SOE’s”.

In particular, the Commission has to establish the veracity of allegations that former deputy finance minister, Mcebisi Jonas, and Vytjie Mentor were offered Cabinet positions by the Gupta family.

Other focus areas include whether former president Zuma played any role in the alleged cabinet offers, whether the Guptas were informed of appointments prior to the official announcement, the nature and extent of corruption in the awarding of contracts and tenders and whether any advisers were appointed to treasury contrary to proper procedures.

The Regulations were published in February 2018.

They govern how the Commission is to work and facilitate the gathering of evidence including the power to search and seize and subpoena witnesses.

The regulations also provide the legal framework for the chairperson to set up the Commission and appoint a secretary, evidence leaders and other staff members.

The amendments stipulate that sub-regulations (1) (2) and (3) of Regulation 11 do not apply to the sharing of information, records or documents with any state law enforcement agency.

Employees of the Commission will also not, once the Commission completes its work, be precluded from working as consultants for law enforcement agencies or using or disclosing information, records or documents obtained at the Commission.

The amendments also indicate that the “regulation does not derogate from the statutory powers and duties of any State law enforcement agency and the Commission.

The amendments came into effect on the date of publication.