Whilst we are on the topic of getting rid of rogue elements within the government and its agencies:  how about…

Another Special State Capture Report (the Report) (led by the Public Protector with the services of a retired Justice of the Constitutional Court enlisted as the Commissioner, together with the services of two practicing Senior Counsel and an Auditor to assist in the collection of relevant material and evidence) is nigh with these terms of reference:

“As assessment of any allegations, the collection of information and the investigation thereof and the uncovering of any traces of such improper and unethical conduct by ANY private person/s (juristic or natural) or ANY public person/s (juristic of natural) acting on the unwarranted advice, instruction or influence of such private/s person where such private person/s unduly, improperly and unethically causes and/or influence/s public person/s into taking decisions, or fail to take such decisions as required by law or considerations of public policy in a manner that is, or for reasons that are, contrary to good governance and public policy or divorced from the established legal mandate of such public person/s for the undue benefit of that private person/s; and

Such investigation should cover the period between 11 February 1990 to 03 November 2016 and shall include any alleged destruction or concealment of state records by any public person/s where such information could establish a prima facie case for further investigation into any criminal liability of such public person/s or any private person/s, or where such destruction or concealment was for that public person/s later benefit where same, or his agent, would later contract, as a private person/s, with the state to render such services as may be required by the state using information contained in such destroyed or concealed state records; and

Such investigation is to be completed within a period of 36 months from date of finalisation of the Special State Capture Report Task Team (Task Team), together with an initial budget being approved and deposited, by National Treasury, into a special account for the sole purpose of the Report; and

The Report, upon completion, shall forthwith be handed over to the Speaker of the National Assembly and the Chairperson of the National Council of Province; and

The President shall call a joint sitting of both Houses of Parliament and invite the Public Protector and the Task Team to present the Report to the Republic; and

The Report shall thereafter, in relevant part, be forwarded to SAPS, Hawks, IPID, SARS and the Human Rights Commission for further investigations where the respective mandates of the Institutions are triggered.” 

This would help us get to the bottom of state capture, and make us all happy knowing who the real state captors are in the lead up to, as well as within, the democratic South Afrika we now live in.

Author

  • Songezo Mabece is a lawyer, currently employed as a Legal Counsel at the Competition Commission. He has an interest in international economic law. Equally, he is passionate about Afrika and her development.

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Songezo Mabece

Songezo Mabece is a lawyer, currently employed as a Legal Counsel at the Competition Commission. He has an interest in international economic law. Equally, he is passionate about Afrika and her development.

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