Raymond Zondo, former Chief Justice and chair of the State Capture Inquiry, is facing sharp criticism after admitting a significant error in the inquiry’s findings. Initial claims that R9 billion was unaccounted for in the State Security Agency (SSA) during Arthur Fraser’s tenure were found to be incorrect, with the accurate figure being R9 million, as detailed in a classified Auditor-General report.
The admission came to light in Zondo’s court response to Fraser’s legal challenge against the commission’s findings. Political analyst Professor Sipho Seepe described the error as “unfortunate, embarrassing, and unsurprising,” emphasizing the reputational harm caused to implicated individuals. Seepe criticized Zondo for his perceived lack of meticulousness, stating, “Such errors are to be expected in commissions, which are inquisitorial and not subject to the rigors of court procedures.”
Seepe also highlighted how the commission’s processes allowed hearsay evidence to dominate, and accused Zondo of shaping a “truth” that exonerated some while implicating others. He further cited concerns raised by political leaders, including ANC secretary-general Fikile Mbalula, who dismissed the inquiry as a tool for personal vendettas.
During the commission, Zondo had dismissed Arthur Fraser’s application to cross-examine witnesses implicating him in enabling corruption and mismanagement of at least R125 million during his time at the SSA. Fraser was accused of turning the agency into a “piggy bank.” This dismissal has fueled ongoing criticism of the inquiry’s findings, with several implicated individuals launching legal challenges.
Among these challengers is former Eskom and Transnet CEO Brian Molefe, who argues that the inquiry’s terms of reference relied on speculation rather than solid evidence. Similarly, former Eskom CEO Matshela Koko’s corruption case was struck off the roll in 2023 due to excessive delays, further casting doubt on the commission’s effectiveness.
The backlash underscores persistent questions about the inquiry’s methodologies, its impact on reputations, and the legal robustness of its findings. Both the Justice Department and the commission’s spokesperson, Reverend Mbuyiselo Stimela, were contacted for comment but had not responded at the time of publication.
