State of Capture

The Public Protector has released State of Capture: report on an investigation into alleged improper and unethical conduct by the President and other state functionaries relating to improper relationships and involvement of the Gupta family in the removal and appointment of Ministers and Directors of State-Owned Enterprises resulting in improper and possibly corrupt award of state contracts and benefits to the Gupta family's businesses (Report no. 6 of 2016/17). The Public Protector recommended that al Commission of Inquiry be appointed.

"While the investigation was conducted in terms of section 182 of the Constitution of the Republic of South Africa, 1996 (the Constitution), which confers on the Public Protector the power to investigate, report and take appropriate remedial action in response to alleged improper or prejudicial conduct in state affairs, the alleged improper conduct of President Zuma involving potential violation of the Executive Ethics Code, was principally investigated under section 3(1) of the Executive Ethics Code. The provisions of the Prevention and Combatting of Corrupt Activities Act were invoked with regard to allegations regarding the alleged offer of a Ministerial position by the Gupta family to Ms. Mentor in return for cancelling the India route of the SAA, in the vicinity of President Zuma, and related allegations. The provisions of the Protected Disclosures Act were also taken into account."