The Judicial Commission of Inquiry into Allegations of State Capture

Testimony given by multiple members of the South African State Security Agency (SAA) made national headlines for the amount state funds used irregularly, breadth of controversial clandestine activities, and overt support the agency gave to president Zuma during his presidency. The acting director-general of the SAA, Loyiso Jafta, testified that it was highly a politicised agency following its formation in 2009 and that was used to improperly fund and support a number of African National Congress (ANC) political activities.[24] This confirmed previous testimony given by the Former Chairperson of the High-Level Panel of Review into the SSA, Sydney Mufamadi.[25] Jafter stated that at least R9 billion (roughly equivalent to US$758.7 million) of the SAA's fixed assets were "not to be found and that R125-million could not be accounted for in the 2017/18 financial year."[26] Prior to Jafta's testimony the Minister of State Security Ayanda Dlodlo sought to muzzle Jafta arguing that it would endanger state security.[25]

Testimony given to the commission regarding the improper activities of the SAA state that:

• The news wire service, African News Agency, was given R20 million in 2015/16 as part of a state campaign to action a "media project aimed at “countering negative local and international perceptions of the country, Zuma and the SSA”."[27]
• Then president Jacob Zuma was personally and improperly given millions of Rands in cash from the SAA budget on a monthly basis between 2015 and 2017.[28]
• SAA resources and intelligence were used to fight political battles within the ANC.[29] This includes fighting against President Ramaphosa's 2017 ANC presidential campaign to replace Zuma.[30]
• SAA resources were used to enhance the electoral fortunes of the ANC.[31]
• The SAA was used to spy on and neutralise civil society actives such as the Right2Know campaign, Zuma Must Fall and Fees Must Fall movements.[30][32]
• SAA resources were used to prevent investigations into state corruption and improper activities within the SAA.[33]

Bosasa COO Angelo Agrizzi made national headlines when he testified to the commission that the company systematically gave substantial bribes to South African government officials to ensure that the company received government contracts and was not investigated.[34][35][36][37] Agrizzi's testimony implicated then President Zuma,[38] notable government minister Nomvula Mokonyane,[39] chairperson of South African Airways Dudu Myeni,[40] and ANC politician Gwede Mantashe.[41]

Former minister of Water and Sanitation, Nomvula Mokonyane, was implicated in a number of allegations of corruption during the commission.[14][42] This included testimony by Agrizzi that Mokonyane was paid R50,000 (around US$3,500) a month for years to protect Bosasa from law enforcement agencies[42] and that she received numerous 'gifts' from Bosasa such as expensive vehicles.[14] Mokonyane's testimony before the commission was notable for its contradictory statements, the serious nature of the allegations made against her, and the high profile it received in the media.[14]

Dudu Myeni, a close associate of president Zuma, was implicated illegal activities when she was chairperson of South African Airways.[43] When Myeni appeared before the commission on 5 November 2020 she repeatedly revealed the identity of a secret state witness, in violation of the terms set by the Commission.[44] The witness had received anonymity as the commission had reason to believe that the witness's life would be at risk if their identity was made public. This resulted in Judge Zondo requesting that criminal charges be placed on Myeni.[45][46]

Former president Jacob Zuma gave testimony at the hearing regarding his role in state capture and corruption activities during his presidency on 16 July 2019.[47] On the first day of his testimony he claimed that there was a foreign-backed conspiracy against him and that some of those testifying against him were apartheid-era spies.[48][49] Zuma accused the Zondo Commission of being a tool to end his political career.[50] Zuma admitted to having a friendly relationship with the Gupta brothers, but denied engaging in any corrupt activities.[50] Following the first day of Zuma's testimony, the Democratic Alliance accused Zuma of trying to play the victim and misleading the commission.[51]

During Zuma's second day of testimony, he claimed that he was the target of a suicide bombing assassination attempt, the South African Police Service later stated that they were unaware of any such event taking place.[52] Zuma controversially accused senior ANC member Ngoako Ramatlhodi of being a spy involved in a conspiracy against him.[53] During the third day of Zuma's testimony he accused the commission of being biased against him and threatened to withdraw his cooperation.[54] On the fourth day, Zuma's legal team announced that it would be withdrawing from the commission,[55][56] but later the same day announced that he had changed his mind and would return to give additional testimony at a later date.[38]

Following Zuma's testimony to the commission, South African media speculated that the chances of Zuma being later charged and convicted for crimes committed during his administration or for giving false testimony to the commission had increased.[57][58] On 11 October 2019, a South African high court denied Zuma a motion to strike down 16 criminal charges of fraud, racketeering and money laundering related to an illegal $2.5bn (£1.98bn) arms deal which allegedly was undertaken in the late 1990s in order to ensure that South Africa's armed forces could buy 30bn rand of European military hardware.[59]

Zuma's legal team attempted to get Judge Zondo to recuse himself from the commission accusing Zondo of bias and having a supposed prior friendship with Zuma.[60] Judge Zondo rejected the recusal request.[60]

A little over 16 months after Zuma first appeared before the commission criminal charges were laid against him for walking out of the commission without permission and refusing to give testimony.[61][62] This was preceded by a long period in which Zuma tried to avoid appearing before the commission through legal moves and arguments in the alleged hope that the commission would conclude before he would have to appear before it.[63][64] This approach was dubbed as Zuma's Stalingrad defence strategy.[63][65][66][64] In December 2020, Judge Zondo ordered Zuma to testify before the commission regarding Zuma's involvement with the Guptas business deals.[67] Judge Zondo's order was taken to the Constitutional Court which ruled that Zuma had to answer questions before the commission and ordered Zuma to pay the commission’s legal costs.[68]

Zuma defied the Constitutional Court and refused to testify to the Zondo Commission on 4 February 2021. The commission, whose mandate ends on 31 March, asked the court for an urgent order directing him to give evidence.[69]