Terms of Reference for State Capture Inquiry Drawn Up

The Presidency

The terms of reference for the Judicial Commission of Inquiry into state capture have been released.

The proclamation was published in Government Gazette 41403.

The Inquiry is tasked with investigating allegations of state capture, corruption and fraud in the public sector including organs of state.

Deputy chief justice Raymond Zondo has been appointed as the Inquiry’s chairperson.

One of the issues the inquiry must focus on is “whether, and to what extent and by whom attempts were made through any form of inducement or for any gain of whatsoever nature to influence members of the National Executive (including Deputy Ministers), office bearers and /or functionaries employed by or office bearers of any state institution or organ of state or directors of the boards of SOE's”.

In particular, the commission has to establish the veracity of allegations that former deputy finance minister, Mcebisi Jonas, and Vytjie Mentor were offered Cabinet positions by the Gupta family.

Other focus areas include whether president Zuma played any role in the alleged cabinet offers, whether the Guptas were informed of appointments prior to the official announcement, the nature and extent of corruption in the awarding of contracts and tenders and whether any advisers were appointed to treasury contrary to proper procedures.

The Commission is expected to submit a report and recommendations to the president within 180 days of the date of commencement.

Regulations will govern how the Commission is to work and facilitate the gathering of evidence including the power to search and seize and subpoena witnesses.

Sabinet Cape Town Office