The ultimate success of the Zondo Commission will depend in large part upon the ability of the National Prosecuting Authority to use the welter of evidence provided in the commission’s records and institute criminal proceedings against key implicated ...
Barrels of ink have already been used to analyse, comment upon and critique the final reports of the Zondo Commission on State Capture. In essence, the exhaustive record of the Zondo Commission can be divided into two parts: an examination of the history of State Capture throughout Jacob Zuma’s presidency and important proposals to curb a repeat performance.
This principle is honoured far more in the breach than in compliance. A few examples must suffice. The President appears averse to holding any press conference during which he could be subjected to questions that could hold him accountable in respect of the general affairs of the state. Most recently, he has kicked for touch with regard to the “farmgate” scandal and has remained ominously silent.
For these reasons, that Chief Justice Zondo sought to strengthen the principle of public accountability is of great importance. These recommendations are designed to ensure that State Capture will not be repeated. Accordingly, the Zondo Commission has recommended that Parliament should consider elements of parliamentary representation based on constituencies as well as proportional representation. It further suggests that Parliament should consider the possibility of legislation to protect members of Parliament from losing their party membership merely for exercising their oversight duties and thus acting in good faith.
The broader problem with all of these recommendations is an observation made by the commission itself, namely, a lack of political will to address foundational problems of governance. The commission suggests that “leaders of political parties should provide the political space for individual MPs to ask difficult questions without prejudice to themselves with the assurance that their concerns would be taken seriously and properly answered”.
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