Zuma releases state capture inquiry regulations

These enable chairperson to collect evidence and subpoena witnesses to testify

Zuma releases state capture inquiry regulations

9 February 2018

Cape Town - President Jacob Zuma released the regulations for the judicial commission of inquiry into state capture, said Justice Minister Michael Masutha.

Masutha announced on Friday that Zuma's regulations have been published in the Government Gazette on February 9.

They will provide the legal framework under which Deputy Chief Justice Raymond Zondo, who will head the inquiry, conducts the inquiry's work, as stipulated by the Commission of Inquiry Act.

The regulations will provide the legal machinery that enables Zondo to obtain the resources and infrastructure he requires for the commission to perform its functions, Masutha said.

"The regulations enable the chairperson to collect evidence and subpoena witnesses to testify before the commission and to present any documentary evidence relevant to the inquiry," he continued.

"The regulations - which are in line with the remedial action in the [former] public protectors Report on State of Capture - also enables the chairperson to appoint persons and staff of the commission in accordance with the applicable legislation."

Capacity would also be drawn by way of secondments from the public service, under Masutha's authorisation, when required by Zondo.

"An inter-departmental technical committee, led by the Department of Justice and Constitutional Development and the Office of the Chief Justice has been established to provide the required support to the deputy chief justice in setting up the commission."

The publication of the regulations follows last month's publication of the inquiry's terms of reference on January 24.

The terms allow the inquiry to investigate all forms of government corruption, including allegations against Zuma himself, his Cabinet ministers, the Gupta family and state-owned entities.

The commission was mandated to investigate whether, by whom, and to what extent attempts were made, through any form of inducement or for any gain, to influence members of the national executive, including deputy ministers, office bearers and directors of the boards of SOEs.

Former public protector Thuli Madonsela though was critical of the terms, saying they were too broad and it would take "a lifetime" for one commission to probe all government corruption.

She however had faith in Zondo that he would determine the "purpose" thereof and align it with her probe into the Guptas and Zuma.