Finally! the State Capture report has been released. You can check out the full report here.
Below are the observations of the report regarding President Zuma’s conduct in line with the removal of Nene as Finance Minister.
The observations listed revolves around whether Zuma improperly and in violation of the Executive Ethics Code, allowed members of the Gupta family and his son, to be involved in the process of removal and appointment of the Minister of Finance in December 2015.
- President Zuma was required to select and appoint Ministers lawfully and in compliance with the Executive Ethics Code.
- It is worrying that the the Gupta family was aware or may have been aware that Minister Nene was removed 6 weeks after Deputy Minister Jonas advised him that he had been allegedly offered a job by the Gupta family in exchange for extending favours to their family business.
- Equally worrying is that Minister Van Rooyen who replaced Minister Nene can be placed at the Saxonwold area on atleast seven occations including on the day before he was announced as Minister. This looks anomalous given that at the time he was a Member of Parliament based in Cape Town.
- Another worrying coincidence is that Minister Nene was removed after Mr Jonas advised him that he was going to be removed.
- If the Gupta family knew about the intended appointment it would appear that information was shared then in violation of section 2.3(e) of the Executive Ethics Code which prohibits members of the executive from the use of information received in confidence in the course of their duties or otherwise than in connection with the discharge of their duties
- The provision of Section 2.3(c) which prohibits a member of the Executive from acting in a way that is inconsistent with their position. There might even be a violation of Section 2.3(e) of the Executive Ethics Code which prohibits a member of the Executive from using information received in confidence in the course of their duties otherwise than in connection with the discharge of their duties
- In view of the fact that the allegation that was made public included Mr Jonas alleging that the offer for a position of Minister was linked to him being required to extend favours to the Gupta family. Failure to verify such allegation may infringe the provisions of Section 34 of Prevention and Combatting of Corrupt Activities Act, 12 of 2004 which places a duty on persons in positions of authority who knows or ought reasonably to have known or suspected that any other person has committed an offence under the Act must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official.