Former public enterprises minister Malusi Gigaba and former Transnet CEO Brian Molefe. Picture: Werner Beukes/SAPA/African News Agency (ANA) Archives
Johannesburg - Former Eskom and Transnet chief executive Brian Molefe on Tuesday expressed his frustration at the second report of the commission of inquiry into state capture that recommended further investigations on him.
Molefe has been heavily implicated in Acting Chief Justice Raymond Zondo’s second report, which was released yesterday.
However, he told Independent Media that he was frustrated by the outcomes of several probes into his conduct as head of the two key state-owned entities.
”My life has been on hold for five years now. It looks like it will be like that for the next ten years judging by Justice Zondo’s recommendations,” Molefe complained.
He said ex-Public Protector Thuli Madonsela’s state of capture report, the subsequent parliamentary inquiry and now Justice Zondo’s report all called for further investigations into his conduct.
Molefe said he will seek legal advice on Justice Zondo’s report.
This comes as acting Chief Justice Raymond Zondo recommended that criminal charges against erstwhile Public Enterprises minister Malusi Gigaba, Gupta associate Salim Essa and former Eskom and Transnet chief financial officer and ex-chief executive Anoj Singh and Brian Molefe.
Justice Zondo referred for more investigations for possible prosecution for malfeasance over several years.
According to the second part of the Commission of Inquiry Into Allegations of State Capture’s report, Essa, Singh as well as former Transnet executives Phetolo Ramosebudi and Garry Pita must face the music.
Justice Zondo has also asked that another Gupta associate, Eric Wood, be investigated for possible prosecution for fraud, corruption and contravention of the Prevention and Combating of Corrupt Activities Act (Precca) for Transnet incurring losses of more than R1.5 billion and R229 million paid to another Gupta-linked company, Regiments Fund Managers.
The commission also wants action taken against former Transnet chief executive Siyabonga Gama, another Gupta-linked businessman, Kuben Moodley, and the fugitive family’s company Sahara Computers in terms of Precca for racketeering and offences relating to the proceeds of unlawful activity under the Prevention of Organised Crime Act (Poca).
“It is recommended that the law enforcement agencies conduct such further investigations as may be necessary with a view to possible prosecution of Molefe, Singh, Wood, Regiments and any other person associated with them in illegal conduct on charges of corruption in terms of chapter two of Precca,” reads the report.
The commission also wants criminal charges against Transnet officials involved in the purchase of locomotives worth billions of rand.
Molefe must also be probed for the multimillion-rand security contract awarded to General Siphiwe Nyanda Security Advisory Services/Abalozi.
The former Public Investment Corporation boss has been found to have been wilfully and grossly negligent in contravention of the Public Finance Management Act (PFMA).
”It is recommended that the law enforcement agencies conduct such further investigations as may be necessary, with a view to the possible prosecution on a charge of corruption in terms of chapter two of Precca, and/or a racketeering charge in terms of chapter two of Poca,” Justice Zondo stated.
He wants law enforcement agencies to determine whether the reinstatement of Gama as Transnet Freight Rail chief executive at the instance of former president Jacob Zuma, Gigaba and ex-Transnet chairperson Mafika Mkhwanazi constituted an improper inducement to Gama to do anything, thus amounting to corruption.
Justice Zondo found that Gama’s reinstatement after he was fired was unjustifiable.
The report also recommends that Gama be prosecuted for the January 2016 trip to Dubai allegedly paid for by the Guptas’ Sahara Computers.
Transnet Engineering chief executive Thamsanqa Jiyane is also in trouble alongside Molefe, Singh, Gigaba, Gama, Pita in terms of Poca and Precca for payments they received from the Guptas at their Saxonwold compound between 2010 and 2018.
Efforts to contact Gigaba were unsuccessful.
loyiso.sidimba@inl.co.za
Political Bureau