The Zondo Commission, formally known as the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State, was established in January 2018 as a public inquiry commission. Its mandate was to investigate matters of significant public and national interest concerning allegations of state capture, corruption, and fraud. Specifically, the Commission examined practices involving executive members of the state (that is, senior politicians tasked with having authority over the running of the government, such as the President, cabinet and their equivalent provincial level counterparts) and their relationships with private individuals, particularly the Gupta enterprise.
It is crucial to note that the Zondo Commission was not a court of law and could not make binding findings or decisions. Instead, its role was to investigate allegations of corruption, assess their validity, and provide recommendations for further action.
The Zondo Commission concentrated on:
- irregular public appointments (appointments that did not follow official process),
- improper conduct by the national executive and public officials,
- the concerted efforts and activities of the Gupta enterprise in gaining control of governance and procurement in state-owned entities (SOEs) and government agencies
- and general corruption (including fraud, money laundering, racketeering and various other illegal activities) in public entities and government at all levels.
It specifically investigated several state-owned enterprises (SOEs), including Eskom, Transnet, South African Airways (SAA) and its subsidiaries, Denel, Alexkor, the South African Broadcasting Corporation (SABC), and the Passenger Rail Agency of South Africa (PRASA). Additionally, the Commission scrutinised improper conduct impacting the National Treasury, the Department of Public Enterprises, the Government Communication Information System (GCIS), and the South African Revenue Services (SARS).
The Zondo Commission ran for three and a half years, from January 2018 to June 2022. It heard the testimony of over 300 witnesses over 429 days of public hearings and reviewed approximately 1.7 million pages of documentary evidence. In June 2022, former Chief Justice Zondo handed down the Commission’s final report, outlining extensive findings on state capture and detailed extensive recommendations for prosecuting implicated individuals and reviewing and invalidating questionable contracts.
Importantly, these findings and recommendations were advisory rather than binding; their implementation largely depended on the determination and capacity of the National Prosecuting Authority (NPA), other state institutions, and the President.
The NPA, in line with the Commission’s recommendations, has made a significant effort to pursue prosecution. However, its progress has been impeded by limited access to the documentary evidence collected by the Commission, leading it to seek comprehensive access. Additionally, following the Commission’s finding, the President issued proclamations authorising the Special Investigations Unit (SIU) to investigate Eskom, Transnet, and other implicated entities. Several cases stemming from these investigations have been brought before the High Courts.
Authorities tasked with addressing corruption highlighted by the Zondo Commission are actively working to fulfil their mandates. The Progress Report continues to monitor and report on cases before the Special Tribunal and Specialised Commercial Crimes Courts, highlighting ongoing efforts to tackle corruption and ensure accountability.
So, what should you take away from this article if you’re questioning the effectiveness of the Zondo Commission?
While frustrations around slow progress and limited immediate outcomes are understandable, the Commission’s true value lies in exposing corruption, identifying systemic issues, and creating an evidence-based foundation for accountability and reform. Its recommendations have already catalysed significant investigations and court cases, reinforcing that sustained public scrutiny and pressure remain essential for meaningful change.