State capture inquiry ‘just waiting for terms of reference’

The department of justice, and not the presidency, will release the terms of reference for the much-awaited commission of inquiry into state capture.

President Jacob Zuma has faced public criticism for delaying the start of the inquiry by not releasing the terms of reference. But on Tuesday, presidency spokesperson Bongani Ngqulunga said that the terms of reference for the commission of inquiry into state capture, chaired by Deputy Chief Justice Raymond Zondo, would be released by the department of justice and constitutional development as soon as they had been finalised. He did not say when, but stated it would be “soon”.

Zondo said on Tuesday he was ready to start with the inquiry but was waiting for Zuma to publish the terms of reference.

Ngqulunga said the justice department was the lead department for the commission.

The North Gauteng High Court ordered Zuma to comply with former Public Protector Thuli Madonsela’s remedial actions in her State of Capture report.

She said that Chief Justice Mogoeng Mogoeng must recommend the judge to head the commission. He recommended Zondo.

The move was to avoid a conflict of interest as Zuma’s relationship with the controversial Gupta family will come under scrutiny during the commission.

The terms of reference have become crucial amid debate on what should be the focus of the commission, with some arguing it should be expanded beyond the politically connected Gupta family.

Madonsela investigated allegations of an improper relationship between Zuma and the Guptas, whom the president has defended as his friends despite allegations that the family offered former deputy finance minister Mcebisi Jonas money to take up the position of finance minister and that former ANC MP Vytjie Mentor was also offered a Cabinet job in exchange for guaranteeing the family a lucrative deal.

The National Prosecuting Authority has obtained preservation orders against Gupta-linked companies including the failed Vrede dairy farm project in the Free State. It is alleged that R200 million meant for emerging black farmers was instead paid to the family, with about R30 million used to pay for a family wedding.

During a press briefing in Midrand on Tuesday, Zondo told reporters that the regulatory framework – which would give him the power to appoint evidence leaders and investigators – was days away from being finalised, but stressed that the commission could not start until the terms of reference were received.

Zondo said he would have like to have started as soon as possible, because of the magnitude of the investigations, but added that Zuma had told him that his office was still working on finalising the terms of reference.

He said he had “no idea” when the terms would be finalised.

“The commission can’t start its work until those terms of reference are in place. I’m aware that, at some stage, there were issues of how wide the scope of the terms of reference should be. There needs to be finality of that at some stage and, once there is finality, we can begin,” said Zondo.

“I am ready once the regulatory framework is in place.” – News24