In 2016, former Public Protector Thuli Madonsela released a report, State of Capture, after an investigation into influence over organs of the state. The report was only released after former President Jacob Zuma withdrew his application to interdict the release of this report.
The Public Protector in her report ordered, as remedial action, ‘a Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State'.
In May 2017, following an African National Congress National Executive Committee (ANC NEC) meeting, the party said it wanted to establish a commission, to investigate allegations of state corruption, but also that it wanted a review of the public protector's findings.
At its December 2017 conference at Nasrec, Johannesburg, Gauteng, the ANC reaffirmed the NEC resolution and adopted a resolution that the establishment of a commission of inquiry into state capture must be expedited.
On 9 January 2018, on the eve of a meeting of the ANC's NEC expected to discuss his recall – former President Zuma announced the establishment of the commission, saying "the matter cannot wait any longer".
Pursuant to the investigation and remedial action of the Public Protector regarding complaints and allegations of the State of Capture, as well as the orders issued by the North Gauteng High Court in its judgment of 14 December 2017, I have decided to appoint a commission of inquiry.
Statement by former President Jacob Zuma - 9 January 2018, The Presidency
The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State (popularly referred to as the Zondo Commission in the media) sat in Park Town, Johannesburg, Gauteng. The first day of the hearings was on 20 August 2018, with Deputy Chief Justice Raymond Zondo in the Chair.
After four years and 278 witnesses, Acting Chief Justice Raymond Zondo formally handed the first part of the report of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector to President Cyril Ramaphosa on 4 January 2022.
Commission Officials*
- Deputy Chief Justice Raymond Zondo – Commission Chair
- Dr Khotso De Wee – Secretary
- Terence Mncedisi Nombembe - Head of Investigations
- Paul Joseph Pretorius SC - Head of The Legal Team
- Isaac Vincent Maleka SC - Member of Legal Team
- Leah Gcabashe SC - Member of Legal Team
- Thandi Victoria Norman - Member of Legal Team
* Please note that this is not the entire list of legal personnel involved at the Zondo Commission
- The Government Printer. (2020). The Government Printer Government Gazette Staatskoerant REPUBLIC OF SOUTH AFRICA REPUBLIEK VAN SUID AFRIKA Vol. 661 28 July Julie 2020 No. 43563, online. Available at file:///C:/Users/hp/Downloads/43563_28-7_JustConDev%20(1).pdf . Accessed 14 January 2022
- The South African Judiciary. (2022). State Capture, online. Available at https://www.judiciary.org.za/index.php/19-state-capture. Accessed 10 January 2022
- The Presidency. (2018). Statement by President Jacob Zuma on the establishment of the Commission of Inquiry into State of Capture, 9 January 2018. Available at https://www.thepresidency.gov.za/press-statements/statement-president-jacob-zuma-establishment-commission-inquiry-state-capture online. Accessed 14 January 2022
- The South African Judiciary. (2022). Commission Officials, online. Available at https://www.judiciary.org.za/index.php/2-state-capture/uncategorised/129-commission-personnel . Accessed 10 January 2022
- The Presidency. (2022). President Cyril Ramaphosa: Handover of first part of State Capture Commission report 4 January 2022. Available at https://www.gov.za/speeches/president-cyril-ramaphos-handover-first-part-state-capture-commission-report-4-jan-2022online. Accessed 14 January 2022
- Southern African Legal Information Institute (SAFLII). (2017). President of the Republic of South Africa v Office of the Public Protector and Others (91139/2016) [2017] ZAGPPHC 747; 2018 (2) SA 100 (GP) ; [2018] 1 All SA 800 (GP); 2018 (5) BCLR 609 (GP) (13 December 2017), from Southern African Legal Information Institute (SAFLII), online. Available at http://www.saflii.org/za/cases/ZAGPPHC/2017/747.html. Accessed 14 January 2022
- The Public Protector. (2016). State of Capture - A Report of the Public Protector, 14 October 2016. Available at https://www.sahistory.org.za . Accessed 14 January 2022
- The South African Judiciary. (2022). State Capture, online. Available at https://www.judiciary.org.za/index.php/19-state-capture. Accessed 10 January 2022
- The Presidency. (2018). Statement by President Jacob Zuma on the establishment of the Commission of Inquiry into State of Capture, 9 January 2018. Available at https://www.thepresidency.gov.za/press-statements/statement-president-jacob-zuma-establishment-commission-inquiry-state-capture online. Accessed 14 January 2022
- Southern African Legal Information Institute (SAFLII). (2017). President of the Republic of South Africa v Office of the Public Protector and Others (91139/2016) [2017] ZAGPPHC 747; 2018 (2) SA 100 (GP) ; [2018] 1 All SA 800 (GP); 2018 (5) BCLR 609 (GP) (13 December 2017), from Southern African Legal Information Institute (SAFLII), online. Available at http://www.saflii.org/za/cases/ZAGPPHC/2017/747.html. Accessed 14 January 2022
- The Public Protector. (2016). State of Capture - A Report of the Public Protector, 14 October 2016. Available at https://www.sahistory.org.za . Accessed 14 January 2022