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Timeframe for State Capture Inquiry Extended

May 11, 2020

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 18 in Government Gazette 43297.

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.

Earlier this year, the Gauteng High Court, sitting in Pretoria, granted the Commission a final extension to its lifespan.

According to the proclamation, the Commission must now submit a report and recommendations to the president within 12 months from 1 March 2020.