Deputy Chief Justice Raymond Zondo

Private Bag X1

Constitution Hill

Braamfontein

2017

Dear Sir

STATE CAPTURE INQUIRY NEEDS A STRONG TEAM COMPRISED OF VARIOUS EXPERTS AND THE FORMER PUBLIC PROTECTOR’S FINDINGS AND REMEDIAL ACTIONS MUST FEATURE STRONGLY IN THE TERMS OF REFERENCE

The United Democratic Movement (UDM) congratulates you on your appointment as the head of the inquiry into State Capture that has been instituted based on the prima facie evidence uncovered by, and the advised course of action of, the former Public Projector Thuli Madonsela.

You have an enormous task ahead of you that will require in-detail investigation, sober minds, strict adherence to the law. To describe this inquiry as “tricky” is a somewhat of an understatement.

The UDM wishes to submit that you should be surrounded by strong team which includes forensic audit experts, and representatives of the Hawks, to ensure that no stone is left unturned, and that the paper trails are followed to exhaustion. It would also be advisable that the National Intelligence Agency NOT be involved in any shape or form.

Regarding the terms of reference for the inquiry, the prima facie evidence and remedial actions, as stated by the former Public Protector, should form the basis thereof. It is the work of the former Public Protector, her findings and remedial actions which saw the UDM and other parties in and out of court to force the matter to fruition; we have at last reached that point, where the truth will be revealed.

We would however suggest that one of your urgent first stops should be a meeting with all the banks where the Gupta family held accounts to establish exactly how money was laundered and why, in fact, their accounts had been closed. This will of course require a detailed forensic auditing as well.

The second aspect that bears urgent scrutiny is, which State-Owned Enterprises (SOEs) had tainted relationships – no matter how tenuous it may seem at face value – with the Gupta family, but in particular which individuals and/or political parties may have benefitted from shady dealings and corruption.

We wish you the best in this onerous task and hope that you will thresh the corn from the chaff to get to the bottom of State Capture and that any and all guilty parties will be brought to book.

Lastly Sir, you will agree that time is of the essence. To have any delay in starting your work, or to have a drawn-out affair would not serve justice. We are not proposing that thorough investigation should be sacrificed for speediness, but the Nation deserves the full truth as soon as humanly possible.

Yours sincerely
Mr Bantu Holomisa, MP
UDM President