The state capture report has been met with threats to take legal action, anger and indifference from those implicated in it.
The judicial commission of inquiry’s report released on Tuesday evening has recommended that both former SAA chairperson Dudu Myeni and former chair of the SAA Technical board, Yakhe Kwinana be investigated for corruption and fraud for their roles at the national carrier during their tenure, which was rocked by the collapse of governance, leading to widespread looting.
The report also found that Mzwanele Manyi was an enabler and facilitator of state capture during his time as Government Communication and Information System (GCIS) boss between February 2011 and August 2012 by dishing out millions in “advertising” spend to Gupta-owned newspaper, The New Age.
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Kwinana on Wednesday told Sowetan that she stuck to her story as per her testimony at the commission, adding that she would “see them in court”.
“I’ve got nothing new to add. I don’t want to add anything or subtract anything from what I said at the state capture [inquiry]. If the report is saying what I said, it’s well and good. If it’s not saying that it’s fine with me, I will see them in court,” Kwinana said.
“What the report is saying is not for me to judge... I haven’t even read that report because I really do not care what it says or does not say about me.”
Manyi described the Zondo commission’s report as “utter rubbish”.
The report raised concerns that former president Jacob Zuma had a hand in transferring Manyi from the department of labour to GCIS where R6m was paid through unwarranted adverts to TNA, a new kid on the block at the time.
Manyi said on Wednesday: “They’re calling me an enabler purely because I replaced [Themba] Maseko and there’s nothing corroborating the findings. It’s actually very malicious of what Zondo and his friends have done.”
Manyi said he was talking to his lawyer in relation to the findings contained in the report.
“I’m on record saying I’ve got no confidence in the justice system of this country. Maybe there will be a judge out there who will listen to me. I’m sure Zondo’s friends will ensure he is not embarrassed [when the report is taken under review]. There is no evidence to substantiate that I did anything wrong. This is just gossip column stuff,” he said.
Manyi added that he was being persecuted because of his close proximity to Zuma.
The SA Institute of Chartered Accountants (Saica) said it would investigate all of its members implicated in the report.
Saica CEO Freeman Nomvalo said it was already investigating Kwinana and as prescribed in its by-laws, it gave her an opportunity to make representations following previous media reports after she appeared before the Zondo commission in November 2020.
“To date no such response has been received. Saica is unable to comment further on this ongoing investigation at this stage,” Nomvalo said.
Myeni said: “Firstly, I’m driving now, just send me questions. Secondly, just so you know, there’s nothing that one did not expect.”
When contacted again later in the day, she said her “legal counsel will respond to your questions”.
Former Transnet Group CEO Brian Molefe is also in hot water, with recommendations made that the National Prosecuting Authority (NPA) should prosecute him for fraud and possibly contravening the Public Finance Management Act due to not only irregular but wasteful contracts awarded to TNA.
Molefe told Sowetan on Wednesday: “I must still study the report so I can’t comment on anything.”
On SAA, the report recommended that JM Aviation director Vuyisile Ndzeku be investigated for fraud after funds from the company, which was a BEE partner in SAA Technical deals, landed in the personal account of Kwinana.
JM Aviation worked with Swissport for five years to provide ground aviation services to SAAT for R1bn.
Ndzeku could not be reached on his mobile on Wednesday.
NPA spokesperson Isaac Dhludhlu said: “We are still studying the report and will determine a way forward once the management has met and paved the way forward. Management will meet soon, in the next few days.”
Asked if the prosecution will use any of the evidence gathered by the commission, Dhludhlu said: “Those issues will be discussed by the executive committee and decided on. Now we can’t comment further until management has met.”
Hawks spokesperson Lt-Col Philani Nkwalase said it was still too early to speak on what’s contained in the report and the way forward.
