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Terms of Reference of State Capture Commission Amended

November 11, 2021

The Presidency

The Terms of Reference 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 40 in Government Gazette 45448.

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.

In September 2021, Zondo approached the Gauteng High Court for an order extending the Commission’s term by another three months.

The Commission now has until the end of December 2021 to submit its report to president Ramaphosa.

Meanwhile, during a political overview delivered in parliament, the justice and correctional services minister, Ronald Lamola, highlighted that policies on Alternative Dispute Resolution, State Legal Representation and Management of State litigation are within cabinet processes.

The minister also pointed out that three substantial reforms will be implemented in the justice and constitutional development department over the remainder of the Medium Strategic Framework.

The three reforms are modernization to improve the front-line services provided to South Africans; an effective state litigation system which enables a transformed and competitive legal profession and high skilled personnel who can effect reforms to the criminal justice system and tackle corruption.