Why Ramaphosa dropped the ball

• Published date: 03 April 2022
• Publication title: Weekend Argus

Madonsela, whose term of office ended in October 2016, found that Zuma and his family had “unduly benefited” from non-security features, such as a chicken run, a kraal, and a swimming pool (“fire pool”), at his homestead in Nkandla, KwaZulu-Natal, and recommended that he pay for a portion of their costs. Arguing that he had not asked for the security upgrades to the tune of R246 million, Zuma disregarded her remedial order

The matter had ended up in the Constitutional Court, thanks to the DA, the EFF, and other opposition parties. In its damning judgment, the Concourt not only ruled that the PP’s remedial actions are “binding”, unless taken on a judicial review and nullified by a court of law, but found that Zuma had breached his oath of office. Eventually, the former president paid for the non-security features, set at a measly R7.8m.

On the eve of vacating office, Madonsela released a “State of Capture” report in which she recommended that Zuma appoint a commission of inquiry into allegations of corruption, fraud, and state capture, with its chairperson chosen by retired Chief Justice Mogoeng Mogoeng. Zuma’s review application to nullify it on the basis that she had stripped him of his presidential prerogative was dismissed with a personal cost order.

Nevertheless, chaired by Chief Justice Raymond Zondo, the commission has upheld the allegations in Parts I, II, and III of its reports. The last part is due this month.

With Zuma having captured the Hawks and the National Prosecuting Authority through their former heads, Berning Ntlemeza and Nomgcobo Jiba, and other critical law enforcement agencies, Madonsela had become the only obstacle that prevented him and his key clientelistic supporters from engaging in administrative corruption, fraud, and other self-enriching crimes with impunity.

Therefore, the likelihood that her successor, Busisiwe Mkhwebane, might have been planted into the office to address the obstacle, capturing the office and turning her into a “factional protector” thereof, is very high.

Most importantly, she might have been planted into the office to absolve Zuma and his key clientelistic supporters, including suspended ANC secretary- general Ace Magashule, of wrongdoings.

Unsuccessfully, Zuma implored Madonsela to refer her investigation into allegations of corruption, fraud, and state capture to Mkhwebane. Along with David van Rooyen, a former minister of co-operative governance and traditional affairs, he even sought to interdict...