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‘As a country, we can’t live in perpetual amnesty’ – Experts divided on fate of State Capture perpetrators

Daily Maverick asked academics, activists and attorneys for their views on amnesty for those implicated in State Capture.
After Chief Justice Raymond Zondo handed over the final State Capture report to President Cyril Ramaphosa last week, former Public Protector Thuli Madonsela and others suggested amnesty for those implicated in the reports. But is this a good idea?
Experts to whom Daily Maverick spoke had mixed responses to the proposal.
South Africa has offered amnesty for criminal acts before. When the Truth and Reconciliation Commission was set up in 1995, in order to get amnesty, applicants had to meet three criteria:
They had to submit individual applications;
The acts for which they applied had to have had a political objective; and
They were required to give full disclosure of the relevant facts of the incidents for which they applied.
Attorneys Robert Appelbaum, Gavin Rome, Sechaba Mohapi and Ryan Hopkins have suggested that the proposed amnesty process ought to be extensively debated at both public and parliamentary levels.
Issues to be debated include:
The conditions required to be fulfilled for amnesty to be granted to an applicant;
Whether the amnesty process is private or public; and
The duration for which amnesty is available.
Amnesty ‘makes prosecutorial sense’
Siphamandla Zondi, a professor of politics and international relations at the University of Johannesburg (UJ), said amnesty would be a good approach because it would “turn a number of people into State witnesses and it makes prosecutorial sense to try and lure some people who may know something about others”.
But, he cautioned: “The risk it carries is that the choice about who is let off and who is prosecuted can be politicised with elections coming in 2024. Prosecutors always run a risk of getting into the muddy areas of politics and political contestations about who the law is used against and who is let go.”
Read in Daily Maverick: Amnesty for State Capture perpetrators? It’s time for a Truth and Reparation Commission
Zondi said he was certain there would be amnesty offered to people willing to testify against those implicated in the State Capture reports.
Thuli Madonsela is also a proponent of amnesty. In a radio interview, Madonsela said a former colleague had told her: “Sometimes you have to let go of certain things and give people some kind of amnesty.”
Speaking to Daily Maverick, Madonsela explained why she was for amnesty. She said she believed granting amnesty was about “trying to get a clearer picture of what happened to help tighten ...

ANC NEC moves to overhaul key policies after State Capture Commission’s ‘unsettling’ findings

The ANC’s National Executive Committee has decided to take immediate action to revamp a number of its policies, including the one on cadre deployment. This is in reaction to the final report of the Commission of Inquiry into State Capture, which points to a number of the party’s flaws.
The ANC is at a crossroads as it looks to revamp its policies in regards to cadre deployment, party funding, organisational discipline and accountability, as well as parliamentary oversight.
The party’s highest decision-making structure, the National Executive Committee (NEC) has taken a decision that all its leaders, current and former, as well as its members who were mentioned in the State Capture report, must immediately present themselves to the party’s Integrity Commission. This stems from the action plan presented by the task team led by ANC bigwig Jeff Radebe at a virtual sitting of the NEC over the weekend.
@MYANC statement on the outcomes of the National Executive Committee Held on 2-4 July 2022. #ANCNEC
African National Congress (@MYANC) July 5, 2022
“The NEC noted that the Commission of Inquiry into State Capture has now submitted its final report. While detailing the nature, extent and scope of State Capture, the report also makes critical findings about our movement and government, and individual members of the African National Congress.
“The NEC noted that some of the observations and findings are indeed unsettling, but vows that the movement will honestly and openly deal with all aspects of the commission’s report. This should strengthen the renewal of the movement to identify shortcomings and take the necessary steps to address them,” the party said in a statement on Tuesday evening.
This action plan comes after the scathing final instalment of the report identified a number of top ANC officials, including President Cyril Ramaphosa, as having dragged their feet in dealing with State Capture.
The State Capture report states that former Free State MEC Mosebenzi Zwane, former Minister Nomvula Mokonyane, former president Jacob Zuma and other ministers had abused their power to benefit the Gupta family and were complicit in State Capture.
The report found that cadre deployment played a significant part in enabling State Capture and led to the DA compiling a court application to have cadre deployment declared unlawful and unconstitutional. The ANC will be opposing the matter.
Read in Daily Maverick: Ramaphosa seeks solutions to power crisis outside of Eskom following backlash against the party over rolling blackouts
The NEC meeting also discussed ...

ANC NEC task team to deal with North West 2021 local election candidate row

A disgruntled group of ANC North West members want the party to fire ward councillors who they say were irregularly and wrongfully appointed last year. This is a huge risk for the party as it will trigger by-elections which could see them lose more wards. The ANC has established a task team to probe the matter.
The row over councillor positions in the ANC in the North West has spilled over into 2022, with a group claiming that some councillors were irregularly appointed last year. Now, a team will probe allegations that provincial party structures manipulated municipal candidate selection processes.
In a letter sent to North West interim provincial committee (IPC) coordinator Hlomane Chauke — signed by party treasurer-general Paul Mashatile and dated 4 July — it is noted that the investigations should be completed within the next two months.
“The NEC [National Executive Committee] mandated the national officials and the NWC [National Working Committee] to establish a special investigations team as a matter of urgency to focus on widespread allegations of the manipulation of the candidate selections processes by BECs, RIVPs, IRCs, PLC and IPC in North West.
“This decision was noted and supported by the NEC meeting on 2-4 July 2022. The NEC agreed that the task team should complete its work within 60 days. We request you to communicate this decision to all structures in the province and to ensure that the investigative team receives the necessary co-operation to execute its tasks,” the letter reads.
Read in Daily Maverick: Supra Mahumapelo suspended in clear attempt to clip RET faction’s wings
The investigative team — which consists of ANC provincial list committee members from other provinces — will be convened by Tate Makgoe. He will work alongside Mary van Wyk, Peter Maluleke and Dina Pule. Chief Livhuwani Matsila will support the team.
Pakiso Mqikela said the North West group’s main gripe is that the ANC had not bothered to follow its own dispute resolution timeframes, and that it had to take drastic measures to force the party to take action.
A report compiled by the electoral committee led by Kgalema Motlanthe earlier this year outlined the extent to which the North West provincial list committee (PLC) had failed to carry out its duties.
The committee recommended that an investigation be launched before any action was taken against the councillors involved. This was to ensure that any drastic decisions were consistent with the ANC’s constitution and reduced the ...

Ex-spy boss Richard Mdluli gets parole – now for the long-delayed slush-fund abuse case

Former Crime Intelligence boss Richard Mdluli has been released on parole after serving a third of his sentence for kidnapping, assault and intimidation. This out-of-jail card paves the way for Mdluli to focus on his present case relating to the gross abuse of police intelligence slush funds.
Corruption- and fraud-accused former Crime Intelligence boss Richard Mdluli was freed from jail under parole on Tuesday, less than two years into his five-year sentence, Correctional Services spokesperson Singabakho Nxumalo confirmed to Daily Maverick.
Mdluli and his co-accused, Mthembeni Mthunzi, were sentenced to five years in prison in September 2020 for kidnapping, assault and assault with intent to cause grievous bodily harm, which occurred while Mdluli was commander of the Vosloorus police station in 1998.
An earlier application for leave to appeal against the sentence was denied. While the Ghost of Mdluli Past, as the once-powerful head of Crime Intelligence, lingered at the Zondo Commission on Tuesday, 28 July 2020, the then 64-year-old retired former spy boss had appealed to Judge Ratha Mokgoatlheng not to sentence him to jail for fear he would contract the coronavirus.
Mdluli, who continued to receive his salary and benefits while on suspension between 2011 and 2018, was convicted with former colleague Mthunzi in July 2019.
On Tuesday, Nxumalo said Mdluli qualified to be considered for parole placement after serving a third of his sentence, since he falls under the Phaahla judgment regime (crimes committed before 1 October 2004). He reiterated that it is critical to highlight that the crimes Mdluli was found guilty of were committed on 23 October 1998.
“The minimum detention period for Mdluli was on 28 May 2022, but he could not be considered for parole placement at the time due to pending court cases. Subsequently, he was given bail of R10,000 (paid in full on 28 June 2022) thus paving the way for his parole consideration process to proceed.
“This decision was taken by the Correctional Supervision and Parole Board, having assessed Mdluli’s profile and other material submitted for the purposes of parole consideration,” Nxumalo explained in a statement.
Mdluli will complete the remainder of the sentence in the system of community corrections, whereby he is expected to comply with a set of conditions and will be subjected to supervision until his sentence expires.
On to the graft case
Attention will shift to the matter in which Mdluli and co-accused Heine Barnard (former Crime Intelligence supply chain manager) and Solomon Lazarus (former chief ...

Cele: Police were not protecting Ramaphosa’s Phala Phala farm at time of forex theft

President Cyril Ramaphosa’s Limpopo farm was not under police protection at the time of the 2020 sofa cushion forex theft. Thus the security breach — the theft wasn’t reported to the local charge office — didn’t make the 2019/20 SAPS annual report, according to a parliamentary reply.
But the failure to provide security at the farm until the end of 2020 raises further questions about the SAPS doing its job – and that includes the protection of private and official homes of presidents, their deputies and spouses, according to the Presidential Handbook.
In early June Daily Maverick reported how the forex farm saga did not appear in the 2019/20 SAPS annual report that stated, “No security breaches occurred during protection duties”.
The February 2020 break-in and theft of reportedly $4-million of which only the presidential bodyguard’s boss was informed, according to ex-spooks boss Arthur Fraser’s affidavit to police on 1 June 2022, should have been listed in that 2019/20 SAPS annual report. These departmental documents are key oversight tools for Parliament, outlining not only spending but crucially also performance against targets and indicators. Protecting VIPs like the President both in transit and in loco is such a mainstay performance indicator.
As it now turns out, the presidential farm in Limpopo wasn’t protected.
“The security breach was not reported in the SA Police Service annual report 2019/20 as the president’s farm in Phala Phala was not protected by SAPS presidential protection service. Phala Phala farm only became the responsibility of SAPS in late 2020.” said Police Minister Bheki Cele in his parliamentary reply dated 4 July 2022.
SAPS national commissioner Lieutenant-General Fannie Masemola had signed off as police accounting officer to the parliamentary response to DA MP Andrew Whitfield on 29 June 2022.
But Cele’s parliamentary reply raises further red flags.
The SAPS takes “full responsibility for the protection and security of the president”, according to the Presidential Handbook that sets out entitlements for sitting and former presidents, their deputies and their spouses/partners.
Together with intelligence agencies, “regular and comprehensive security assessments” are done. And security and protection measures include, but are not limited to “static protection at all official and private residences and office accommodation”.
Such protection measures also include in-transit security and “static protection of aircraft”, the vetting of bodyguards, medical personnel and other staff, the screening service providers and regular reviews of ICT security systems.
“The cost of the provision, implementation and maintenance of physical security measures at official ...

What happens when you stop paying the price of social media

When Florence de Vries deleted her social media apps, she realised she had spent 10 years buying into ‘the age of no reason’, which had nearly robbed her of an invaluable orientation toward time, history and memory.
A quiet student recently stood in the middle of an uproarious gathering with his head bowed, intently flipping through his phone. Around him, his peers were posting selfies wearing splashes of cheery, colourful and mismatched items on reels and stories as part of a national campaign to raise awareness about the mental health challenges people face globally.
I walked over and asked him what’s up. “I deleted all my social media apps ahead of the exams,” he said, clearly pained at the idea of having to download any of it for the sole purpose of a post.
I thought about that student for quite some time afterwards. Not only because he was so evidently invested in his academic performance, but also because I had done exactly the same thing 10 months previously, with not a single exam in sight.
In a recent essay in The Atlantic, titled “Why the Past 10 years of American Life Have Been Uniquely Stupid”, Jonathan Haidt posits that social media has (in the years since 2009, at least) weakened the three major forces collectively upholding successful democracies: social capital, strong institutions and shared stories.
It’s a disconcerting picture. Social media networks’ flagship products are headed for an unavoidable pile-up.
“Misinformation, echo chambers and perpetual outrage” seem to be the best arsenal for this otherworldly coup threatening to trickle-topple well-functioning democracies.
There is not a shadow of a doubt that the social media era is the head usher of unprecedented, life-altering and overdue movements such as #MeToo and #BlackLivesMatter — both having unleashed juggernauts clad in two-piece suits cut primarily from representation and language.
But it is Haidt’s reflection on the rise of the “performative self” on these networks — sometimes shouty, sometimes show-offy — I find most compelling. Social media, he writes, is “almost perfectly designed to bring out both our most moralistic and least reflective selves”.
This revelation is hardly climate science, but it did take me just over a decade to realise how different my life in this orbit would have been if I were, say, 10 years younger.
Social media (and all its purported intrigues such as TikTok CEOs and cancelled people) did not exist in my formative years — and were it not for ...

Suspected hitman linked to multiple extortionist-ring murders in Cape Town appears in court

Police have made a major breakthrough in a series of murders and cases of extortion in Khayelitsha and other areas after the arrest of a suspected hitman.
Yanga “Bara” Nyalara, 30, from Browns Farm in Philippi, appeared in the Cape Town Magistrates’ Court on Monday.
He faces 31 charges, including 18 counts of murder, six of attempted murder, illegal possession of firearms and ammunition, dealing in and possession of drugs and contravention of the Prevention of Organised Crime Act.
The charges are linked to an extortion ring operating on the Cape Flats that has claimed the lives of foreign nationals and local residents.
On Monday, Minister of Police Bheki Cele and the Western Cape Provincial Commissioner Lieutenant-General Thembisile Patekile attended the court proceedings. Cele praised the investigative work and police operations that led to the arrest.
“We believe the arrest of ‘Bara’ will solve many other cases going forward, especially in the Khayelitsha area that has been torn by various scenes of multiple murders,” Cele said.
The sprawling suburb of Khayelitsha has been rocked by several mass shootings in the past few months. On 16 June, Major-General Vincent Beaton, the cluster commander for the area, said that in the space of a year, 86 people had died in shootings in the area.
According to the most recent crime statistics, Harare police station in Khayelitsha was among the top 10 police stations in South Africa with the most recorded murder cases.
Nyalara was arrested on Friday, 1 July when members of Operation Restore, acting on information, carried out a search at a residence in Nassau Street, Bothasig.
This came after police offered a R100,000 reward for his arrest. Nyalara was also wanted for a 2018 cash-in-transit robbery in the Eastern Cape.
Khayelitsha massacre
Twelve of the 18 murder counts relate to gangs vying for a slice of an extortion ring controlled by the Guptas and Boko Haram gangs in Khayelitsha which were allegedly behind a massacre that claimed the lives of 12 and injured seven others on 15 May.
The State contends that Nyalara is a prominent member of a criminal gang that engaged in a range of criminal activities, not limited to extortion of informal businesses in Khayelitsha, and committed violent criminal acts aimed at inspiring fear in the owners of informal businesses.
In papers, the State said these atrocities were not only carried out to induce business owners to pay money to the criminal gang, but were also aimed at violently eliminating ...

Waning potency and lack of authority may put special commissions of inquiry out to pasture

High-level legislative committees and special commissions can have a real role in democratic societies to call the bad guys to heel. But do they?
In both South Africa and America, commissions and committees have been big news. In South Africa, the Zondo Commission, after years of testimony, investigations and multiple extensions on its deadline has finally delivered its findings in a multi-volume set of conclusions and recommendations.
These have corroborated — and built on — reporting by numerous media organisations (including this one) that have given substantive flesh, and more than a shudder of horror, to what is now universally labelled “State Capture.”
Meanwhile, in America, the public hearings of the House of Representatives select committee on the events of January 6th 2021 have ground on. It has been setting out for all to see the full extent of an insurrectionist conspiracy aimed at discarding the results of the 2020 presidential election and installing a president through a mass riot, executive fiat, false pretences and extra-legal means.
On the surface, both efforts have been a search for the truth about deeply unpleasant, even seditious, efforts to undermine the rule of law, although their mechanisms and relationships to governmental authority are significantly different. The question becomes: Will the results from their intentions be similar? The answer to this question will be crucial for the futures of both nations as republics that operate under law, as opposed to a descent into deeply troubled, corrupt autocracies.
Historically, special commissions are convened to investigate a major national calamity, but in an examination deemed too politically sensitive, too catastrophic, or too all-encompassing to be the province of any one pre-existing body or branch of government.
Most often, they are set up with members appointed with the expectation they will be free to dive deeply into the issue without worrying — too much, at least, as this is still the real world — about whose circumstances or comfort zones will be disturbed, or whose reputations will be sullied — through the course of their investigations, hearings, and findings.
In the best of all worlds, a commission points the way toward the necessity for new policies or governmental actions that previously would not have been considered as politically feasible since they would have been “too hot to handle”.
US inquiries
Let’s look at American examples such as the Kerner Commission set up in response to widespread, racially charged urban unrest in the 1960s, a similar commission ...

Ex-Pagad member Ebrahim Jeneker bust for possession of a stolen vehicle, violating parole

Ebrahim Jeneker, a former member of the People Against Gangsterism and Drugs (Pagad) group, is being held on suspicion of driving a stolen car. He was also outside an area stipulated in his parole conditions.
Ebrahim Jeneker, 54 – former member of Cape Town’s once-notorious Pagad group – was arrested on 18 June in Rawsonville on suspicion of driving a stolen car. Speaking through a family friend, he denies that he was driving a stolen car.
Police spokesperson Warrant Officer Joseph Swartbooi said: “The Rawsonville police responded to a complaint about a presumed stolen motor vehicle on Saturday, 18 June. The patrol vehicle drove in the direction of the N1 highway when they noticed a white Isuzu truck that fitted the description of the suspicious vehicle around 10 pm.
“The police members followed the vehicle and brought it to a halt. Three males aged 54, 17 and 14 were arrested on a charge of possession of a stolen motor vehicle.”
Jeneker, Abdullah Maansdorp and Moegamat Isaacs, former members of Pagad – the organisation that became synonymous with vigilante-style attacks in Cape Town in the late 1990s – were released on parole in November 2020.
One of the parole conditions was that they should not leave the Cape Town district without permission from correctional services officers.
Jeneker is also not allowed to speak to the media, so a close family friend spoke on his behalf on condition of anonymity on Monday.
The friend said Jeneker runs a landscaping business and had a contract to lay grass at schools in the Worcester area.
“On 14 June 2022, Jeneker . informed the parole officer in Mitchells Plain that he would be going to Worcester to fulfil his grass contract.”
On 16 June, the parole officer is said to have visited the home of Jeneker’s mother in Sherwood Park, Manenberg. Jeneker was already in Worcester, said the family friend.
It is then that Jeneker’s parole violation for being outside the Cape Town district became an issue.
On Monday, Pagad coordinator Haroon Orrie said they are waiting to hear when the parole board intended to hear the matter.
“What we can confirm at this stage is that Jeneker was outside his jurisdiction in terms of his parole conditions.”
Pagad, with a predominantly Muslim membership, was formed in 1996 to counter gang violence and drug-dealing on the Cape Flats. The result was overlapping clashes between police, gangsters, vigilantes and, most likely, intelligence operatives. A string of bomb blasts blamed ...

ESwatini declares editor Zweli Dlamini and Swaziland News ‘terrorists’

Online publication Swaziland News and its editor Zweli Dlamini have been branded as ‘terrorist entities’ by the Swaziland government. Attorney General Sifiso Khumalo accused the editor of ‘threatening to kill police officers’ and of instigating ‘violence, the burning of public and state property, the seizure of state power and overthrow of lawful government’.
The Kingdom of eSwatini has declared journalist Zweli Martin Dlamini and his South Africa-based online publication, Swaziland News, as “specified entities’ who ‘knowingly facilitate the commission of terrorist acts”.
Prime Minister Cleopas Sipho Dlamini published the order last week in terms of eSwatini’s Suppression of Terrorism Act.
He was acting on the recommendation of eSwatini’s Attorney General, Sifiso Khumalo, who wrote that editor Zweli Dlamini had “on numerous occasions and at different intervals published articles. that instigate violence, the burning of public and state property, the seizure of state power and overthrow of lawful government”.
He is accused of doing this in Swaziland News and on his Facebook page.
“In his latest antics, Zweli Martin Dlamini is threatening killing of police officers” and it was “worth noting that there had been recent shooting of officers by unknown gunmen”, Khumalo wrote in his recommendation of action against Dlamini.
This fell within the definition of terrorism, he said.
Dlamini moved to South Africa in 2018 when his print newspaper, Swaziland News, was banned under eSwatini’s Registration of Books and Newspapers Act. He registered and set up his website in South Africa and has joined the Press Council of SA, a self-regulatory body which monitors media conduct. He says he has a team of five journalists.
Swaziland News is strongly critical of the eSwatini authorities, particularly the security forces, and covers that country’s pro-democracy movement extensively.
It recently reported that a police officer had been shot “allegedly by members of the pro-democracy Swaziland International Solidarity Forces that defends civilians from ‘bloodthirsty’ King Mswati’s security forces”. This came shortly after another two policemen had been shot.
Dlamini wrote that “the Solidarity Forces had vowed to deal with police officers after Mswati demonstrated reluctance in engaging in a political dialogue and subsequently unleashed the police and soldiers to shoot and kill dozens of civilians merely for demanding democratic reforms”.
In an interview this week, he said, “most of the time we report about pro-democracy issues because, at the moment, the people of Swaziland want democracy.
“The people are oppressed and have no access to free media, so we are advocating for justice, freedom of ...

Migrants and the world of work in SA: exposing the ‘job stealing’ lies of the xenophobes

Ever since the eruption of widespread xenophobic violence in 2008, the widely deployed claim that “foreign nationals are taking our jobs” is now accepted as fact by many. But statistics and research prove the opposite.
In and among the plethora of other claims directed at international migrants, such as being disproportionately responsible for crime and more particularly drug dealing, that of “taking jobs” has now come to dominate the general discourse of the latest crew of xenophobes.
These include Herman Mashaba and ActionSA; the Gayton Mackenzie/Kenny Kunene duo of the Patriotic Alliance (PA); the misnamed African Transformation Movement; the putative uMkhonto we Sizwe Military Veterans Association (MKVMA); the social media scoundrels of “#PutSouthAfricaFirst”; the so-called “RET” faction of the ANC; the ministries of home affairs and labour; and the most recent addition of political performance artist Nhlanhla Mohlauli and his “Operation Dudula” rent-a-crowd.
In one form or another, they have all engaged in an all-out propaganda war grounded in a concocted, pre-packaged and false narrative of “foreign nationals” as job-stealing villains.
Not only has such a narrative found fertile ground among significant sections of South Africans who are economically poor and politically marginalised, it has now been given some legislative content through the recently introduced National Labour Migration Policy (NLMP).
This policy will now “reserve” certain economic sectors for those who hold South African citizenship and set quotas “for the employment of documented foreign nationals in major economic sectors”.
This “job-stealing” propaganda package is, at one and the same time, de-historicised, deceitful and dangerous.
False narratives
One of the crucial ingredients that sustains the false narratives of right-wing, populist demagoguery is the manipulation of history and facts, wherein political and socioeconomic context and content are selectively and manipulatively remembered and applied.
In this case, the xenophobes want people to forget or simply ignore the reality of a post-1994, anti-poor and anti-worker economic policy framework and practice (by both the public and private sectors) that has, over the past 25 years, led to the casualisation of work becoming the dominant feature of South Africa’s world of work landscape; and no more so than for international migrants.
It is this consciously planned and seismic shift in the world of work that has fed a continuous and intensified attack on the working conditions and quality of life for the vast majority of the workforce in South Africa, whether citizen or international migrant.
This has been further abetted by several other historical developments: the failure ...

Tracking the lesser known State Capture fat cats who still hold top government jobs

The State Capture Commission has referred more than 200 people to law enforcement for further investigation. Despite strong evidence of wrongdoing, some still hold high-powered jobs in government.
In her capacity as a senior official in the Department of Correctional Services, Nontsikelelo Jolingana allegedly received regular bribes of R100,000 in cash for unlawfully extending lucrative contracts awarded to logistics company Bosasa.
Today, Jolingana is a top executive at the Road Traffic Management Corporation (RTMC) who is recorded in the most recent RTMC annual report as having taken home a salary of almost R2.2-million in the 2020/21 financial year.
RTMC spokesperson Simon Zwane confirmed to DM168 this week that Jolingana’s position at the government roads agency is that of “General manager: Law enforcement norms and standards”.
Jolingana is not alone. Although the majority of high-profile names implicated in State Capture by the findings of the Zondo Commission are no longer in the posts they held when the alleged misconduct occurred, a number of lesser known individuals are still taking home generous government salaries in senior state roles.
More than 200 suspects
The Zondo Commission has produced a long list of people that the National Prosecuting Authority (NPA) might be able to prosecute criminally for their alleged involvement in government corruption.
Those named are drawn from both the government and the private sector. The list amounts to a cross-section of South Africa in terms of race, age and gender.
Those recommended for potential prosecution are not simply there because a commission witness accused them of wrongdoing. The Zondo report has identified these people because an assessment of the available evidence and the balance of probabilities suggests that they have a real case to answer.
It is highly unlikely, however, that the NPA will have the capacity to prosecute all the suspects referred to it.
Complicating matters is the fact that some of those listed have since emigrated. Notable among this group is the Bosasa consultant William “Danny” Mansell, who was in effect exiled to the US in 2013 by Bosasa boss Gavin Watson once it became clear that Mansell was too rattled by a Special Investigating Unit (SIU) probe into Bosasa’s prisons contracts to be trusted.
The Zondo Commission heard that another Bosasa employee accompanied Mansell on his flight to the US to ensure he left the country. US company records suggest that Mansell has since established his own construction business stateside.
Others implicated by Zondo have since died – such as former Eskom ...

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