• Sun. Aug 7th, 2022

The people and companies of the State Capture Commission…

Volume 3 of the State Capture report recommended nearly three times as many people to prosecute by the National Prosecuting Authority (NPA) than the previous two volumes – despite dealing exclusively with corruption linked to private business , Bosasa.

The number of people involved in this third installment (over 60) reflects both the reach of Bosasa, which has won contracts in a wide range of different government sectors, and the compelling evidence in this area of ​​work provided to the State Capture Commission by former Bosasa Chief Operating Officer (COO) Angelo Agrizzi and other former Bosasa employees.

The latest report is also notable for being the first in which former President Jacob Zuma is explicitly recommended for prosecution, along with three lawmakers and three other current and former members of the executive.

There will be enough work arising from this volume alone to keep the NPA busy for quite some time.

Persons* whom the NPA should consider prosecuting for corruption under Precca, the Prevention of Corrupt Activities Act:

  • Bosasa Consultant Kevin Wakeford
  • George Papadakis, SA Revenue Service Consultant
  • Mineral Resources Minister Gwede Mantashe (who indicated on Wednesday that he intended to take the report under legal review, the first person involved to say so publicly)
  • The president of Bosasa, Johannes Gumede
  • Papa Leshabane, Executive Director of Bosasa
  • Bosasa fleet manager Frans Vorster
  • Former Justice Department Chief Operating Officer, Dr. Khotso de Wee (who was, during the Zondo Commission’s first major and wacky setback, the commission’s initial secretary)
  • Mbulelo Gincana, former Prasa procurement manager
  • Bosasa COO Angelo Agrizzi
  • Andries van Tonder, CFO of Bosasa
  • Employee of the accounting department of Bosasa Jacques van Zyl
  • Thandi Makoko, director of Bosasa
  • Leon van Tonder, IT manager at Bosasa
  • Entrepreneur Bosasa Richard le Roux
  • Auditor Bosasa Petrus Venter
  • Bosasa Consultant William “Danny” Mansell
  • Bosasa consultant (and former bodyguard of ANC’s Peter Mokaba) Sesinyi Seopela
  • Bosasa employee Carlos Bonifacio
  • Construction company boss Riaan Hoeksma
  • Josiah Maako, Head of Department of Corrections (DCS)
  • DCS Officer Maria Mabena
  • Official DCS Shishi Matabela
  • Mandla Mkabela, DCS Official
  • DCS Officer Dikeledi Tshabalala
  • Zach Modise, DCS Official
  • DCS Officer Mollet Ngubo
  • DCS Officer Nontsikelelo Jolingana
  • Winnie Ngwenya, ANC MP
  • Vincent Smith, ANC MP
  • Mnikelwa Nxele, KwaZulu-Natal Commissioner of Prisons
  • Kgasi, official of the North West Department of Social Services (no first name available)
  • Mogale, head of the North West Department of Social Services (no first name available)
  • Deputy Minister of Veterans Affairs Thabang Makwetla
  • Former President Jacob Zuma
  • Former Minister Nomvula Mokonyane
  • Former President of SAA Dudu Myeni
  • Thele Moema, employee of Airports Company of SA (Acsa)
  • Reuben Pillay, ACSA employee
  • ACSA employee Mohapi Serobe
  • Siza Thanda, ACSA employee
  • SA Post Office Siviwe Mapisa
  • Maanda Manyatshe, CEO of Post SA
  • Magistrate Desmond Nair

*Some of these people may no longer hold the roles they held at the time of Bosasa’s corruption.

Persons the NPA should consider prosecuting under Precca; for frustrating or obstructing the end of justice; and other possible breaches of the NPA Act:

  • Lawyer Nomcgobo Jiba
  • Lawyer Lawrence Mrwebi
  • NPA Principal Secretary Jackie Lepinka

Persons and companies that the NPA should consider prosecuting for money laundering:

  • Angelo Agrizzi (also mentioned above)
  • Andries van Tonder (also listed above)
  • Carlos Bonifacio (also listed above)
  • Jacques van Zyl (also mentioned above)
  • Riaan Hoeksma (also listed above)
  • Equal Trade businessman Gregg Lacon-Allin
  • AA Wholesalers
  • Riekele Konstruksie
  • Giant liquor wholesalers
  • Lamozest
  • Trade equals 4
  • Equal food traders

People the NPA should consider prosecuting for fraud:

  • Angelo Agrizzi (also mentioned above)
  • Andries van Tonder (also listed above)
  • Carlos Bonifacio (also listed above)
  • Jacques van Zyl (also mentioned above)
  • Gregg Lacon-Allin (also listed above)
  • Riaan Hoeksma (also listed above)

Persons the NPA should consider prosecuting for money laundering, corruption and/or fraud:

  • Carien Daubert, accountant Bosasa
  • Rieka Hundermark, accountant Bosasa
  • Gavin Hundermark, Bosasa Accountant
  • Cédric Frolick, ANC MP
  • Patrick Littler, Bosasa catering manager
  • Danie van Tonder, employee of Bosasa
  • Ismaël Dikane, Bosasa official
  • Bosasa Head of Youth Development Centers Syvion Dlamini
  • Trevor Mathenjwa, Director of Bosasa
  • Ryno Roode, Bosasa employee

Persons the NPA should consider prosecuting for failure to report suspicious or unusual transactions:

  • Angelo Agrizzi (also mentioned above)
  • Andries van Tonder (also listed above)
  • Carlos Bonifacio (also listed above)
  • Jacques van Zyl (also mentioned above)
  • Carien Daubert (also quoted above)
  • Rieka Hundermark (also listed above)
  • Gavin Hundermark (also listed above)
  • Johannes Gumede (also mentioned above)
  • Thandi Makoko (also listed above)
  • Petrus Venter (also listed above)

Persons the NPA should consider prosecuting for helping another person benefit from the proceeds of illegal activity:

  • Equal Trade 4 employee Gregory Lawrence

Persons whom the NPA should consider prosecuting for failure to comply with the Precca, the Public Financial Management Act (PFMA), the Constitution, and Treasury Regulations with respect to tenders, as well as possible charges of theft, fraud and perjury:

  • Former Commissioner of Corrections Linda Mti
  • Former Chief Financial Officer of Corrections Patrick Gillingham

People who should be investigated for potentially violating the Code of Conduct for Members:

  • Winnie Ngwenya, ANC MP
  • Cédric Frolick, ANC MP
  • Vincent Smith, ANC MP

People who should be investigated for potentially violating the Code of Ethics for Executives:

  • Deputy Minister Thabang Makwetla
  • Former President Jacob Zuma
  • Former Minister Nomvula Mokonyane

People who should be investigated by the Legal Practice Council:

  • Brian Biebuyck, former partner of Hogan Lovells
  • “Various lawyers” whose trust accounts were used by Bosasa

People who should be investigated by the SA Institute of Tax Practitioners:

  • Auditor Bosasa Petrus Venter

Persons subject to investigation by the Independent Regulatory Board of Auditors:

  • Audit firm Bosasa D’Arcy-Herrman

People who should be investigated for SARS:

  • Tax adviser George Papadakis, for potentially breaching his obligations as a former SARS official. DM