PRETORIA- Public Protector Busisiwe Mkhwebane has called upon President Jacob Zuma to ensure that the Terms of Reference (ToR) for the Commission of Inquiry into State Capture are not limited to the issues investigated or identified in her predecessor’s report.
Mkhwebane on Wednesday welcomed Zuma’s announcement regarding the establishment of a judicial commission of inquiry to be headed by Deputy Chief Justice Raymond Zondo.
“Due to the lack of resources and inadequacy of the allocated funds, the State Capture investigation focused only on 12 issues, as listed in page 10 and 11 of the report published,” she said in a statement.
“In order to ensure that no stone is left unturned in so far as the allegations of state capture are concerned, and in order to avoid any further allegations of state capture being lodged with the Office of the Public Protector, the Public Protector calls upon the President of RSA to ensure that the Terms of Reference (ToR) for the Commission of Inquiry are not limited to the issues investigated or identified in the State of Capture report.”
She said having perused some of the evidence at her disposal and public domain, Mkhwebane called upon Zuma to ensure that the ToR are broad enough to include the capture of all state institutions and SOEs, so that the ability of the Commission to uncover the full extent of State Capture in South Africa is not constrained in any manner.
Zuma announced the decision on Tuesday evening, indicating that Deputy Chief Justice Raymond Zondo would head the inquiry.
He also indicated that he would be challenging the ruling for stripping him of his presidential powers to decide who should lead the process. The court said the decision should be made by Chief Justice Mogoeng Mogoeng.
She called on Zuma to ensure that the Zondo has power to expand the issues to be investigated, should any relevant evidence of state capture be brought to him during the inquiry.
Mkhwebane added that as part of her responsibility to monitor the implementation of the remedial action, she would be available to assist, if necessary, in the development of the Terms of Reference, to ensure the full and successful investigation of alleged state capture in the country.