Khaya Sithole: Can Zondo ship the products in time?


Lengthy after Macbeth’s ambition had pushed him to a killing spree abetted by the equally bold Woman Macbeth, he pauses in pensive reflection and says, “I’m in blood / Stepped in to this point that, ought to I wade no extra/ Returning have been as tedious as go o’er.”

Whereas Raymond Zondo suffers not one of the murderous tendencies of Shakespeare’s tragic hero, his dealing with of the state seize fee evokes comparable reflections. 

Final week — as anticipated — Zondo sought yet one more extension for the fee to finish its work, primarily because of the lack of time in 2020, when the fee suspended its hearings throughout the onerous lockdowns, making a backlog.

As soon as hearings resumed in a hybrid format together with bodily and digital participation, the parade of the accused, the condemned and the implicated resumed. Some testimonies left the nation aghast, bringing to gentle dealings at state entities that left them operationally compromised and financially paralysed. 

The affect of the proof offered to this point is restricted by low completion charges throughout the totally different workstreams. Within the essential ones reminiscent of Eskom, Transnet and Denel, the testimonies are so fragmented and laden with interruptions that it’s merely inconceivable to know the place within the life cycle of the workstream the fee is. 

Obvious examples of this embrace the Eskom marathon the place, after a number of appearances by Matshela Koko, it’s nonetheless unclear what the fee seeks to extract out of his conscience. The recurring theme of whether or not he was the facilitator of the notorious Melrose Arch conferences involving Salim Essa is topic to irreconcilable recollections of the story. Unusually sufficient, the dealbreaker appears to be cellphone information that may make clear the actions and places of the gamers throughout that disputed day in September 2015. Despite the apparent significance of the cellphone information and requests by Koko himself, such information have but to emerge.

Vital gamers within the Eskom and Transnet story — Brian Molefe and Anoj Singh — have but to have their second within the highlight. 

Greater than two years after it began, the fee bungled Singh’s summons course of. 

Seven weeks away

Within the case of Molefe, a person whose entanglement with the Gupta household fashioned a central a part of the State of Seize report that gave life to the fee, his single look was interrupted by the chair’s have to self-isolate, making a delay that left us none the wiser about what occurred throughout the Molefe instances at Transnet and Eskom. 

We stand seven weeks away from the tip of all of it and key people who’ve been implicated within the Eskom, Transnet, McKinsey and Trillian workstreams have but to put their model on document. In the meantime, prices accumulate and prosecutions stay elusive. 

In the direction of the tip of 2020, the justice ministry indicated the prices had already topped R800-million. The work since then, and the extension requested now, will be sure that the ultimate invoice exceeds R1-billion.

Some have questioned the knowledge of spending a lot cash on a course of whose findings can nonetheless be ignored by the federal government of the day, although the current recoveries from McKinsey, which dedicated to pay again quantities siphoned from Transnet, point out that maybe there’s a monetary profit related to the fee’s work. 

The truth is, repayments may nonetheless materialise even within the absence of a fee dragging the corrupt firms to its hearings. Lengthy earlier than the Transnet settlement — which was really rejected by Transnet itself — Eskom had managed to get McKinsey and Deloitte to pay it again monies extracted throughout the peak of the state seize age. The South African Income Service has secured repayments from KPMG and Bain. That is made potential, not by the fee, however by the entities remembering their fiduciary duties and asking what they paid for and whether or not it was price it.

When it was initially arrange, the fee was supposed to finish its work in simply 180 days. Anybody with a passing understanding of the phrases of reference may have identified that was inconceivable. 

That by itself didn’t render the method stillborn. Reasonably, an method that sought to establish key occasions and entities to be interrogated would have added some construction and fluidity to the proceedings. 

Sadly, far too many transferring elements existed from the beginning and moderately than gravitating in direction of consistency and a structured method, they diverged and overlapped, leading to administrative chaos. The position of authorized practitioners within the proceedings must be examined. Within the absence of constantly and available authorized illustration, every  witness testimony must be structured across the calendars of the witness, their authorized representatives, the fee’s proof leaders and the chairperson’s personal schedule.

Zondo’s reliance on the supply, benevolence and cooperation of the condemned has resulted in far too many administrative lapses and postponements. A few of the causes for postponement requests have bordered on the absurd. 

A key Eskom director has but to take the stand as a result of his legal professional was on vacation. A witness whose position on the Passenger Rail Company of South Africa is difficult by the truth that she’s a sitting choose has but to be absolutely interrogated as her automotive might or might not have had an accident, her work schedule might have interfered (although Justice Zondo had the peace of mind of a choose president that the witness could be freed to partake within the fee), and she or he dramatically dismissed her personal legal professional throughout her testimony. 

The sum is that — his finest intentions however — Zondo just isn’t ready to supply a report that will bear scrutiny. And for so long as far too many disputed variations of occasions and recollections have but to be reconciled, the fee must stretch itself to tie up the free ends. 

In current instances, as the present court-mandated deadline loomed, the fee has adopted extra flexibility. To get essentially the most out of Yakhe Kwinana’s extraordinary aviation-related testimony, a weekend sitting was scheduled. And as an alternative of structuring each day proceedings round one stream which will final only some hours, the fee now addresses a number of workstreams and operates past conventional hours.

Though this means Zondo might have learnt from the folly of his prior practices, it shouldn’t be a license to an extension and extra public sources. Reasonably, if there may be to be an extension, the fee must make a transparent dedication to finish the job — and determine precisely what the job is at this stage. 

No fee can interrogate each single transaction or disputed judgment calls made at numerous state entities over a decade. That’s an inconceivable normal of public air flow that nobody ever anticipated from this course of. Making an attempt it — as Zondo has executed by calling on members of the general public to submit no matter they need to his fee — signifies an bold foray into the inconceivable, paying homage to Macbeth’s pursuit of the Scottish crown.

Zondo’s learnings have but to lead to an overhaul of the fee’s practices. In January, the fee hosted hearings referring to the State Safety Company that lasted for per week. The expectation that this might be adopted up by listening to these implicated was extinguished when the subsequent week, the main target shifted to parliamentary oversight, with no indication on when the state safety stream would resume. 

As irritating as this all is for the nation, essentially the most undesirable consequence could be to desert all of it now. No report of substance may then be generated, and the cash spent on the fee would quantity to the kind of wasteful expenditure the fee paradoxically seeks to unpack. The one distinction with the annual horror present reported by the auditor normal could be that it occurred in public view. 

The issue with Zondo’s request of three extra months just isn’t that it’ll value us more cash, however that it’s too little time. 

Given the monitor document of administrative hiccups and the follow of multiparty consensus on scheduling, a 90-day extension is unrealistic and escalates the danger of challenges to the report. 

However for so long as Zondo is unable to offer an precise calendar of what he seeks to realize and avoids administrative lapses and the granting of frivolous extensions, we’re none the wiser on what it is going to take to finish the mission. Till then, not one other cent must be spent on an extension as a result of the accountability he seeks to extract from witnesses should even be demanded from him.