The List: The people and businesses the State Capture Commission recommends for prosecution by the NPA

The recommendations made by Judge Raymond Zondo based on the hearings of the Commission of Inquiry into State Capture are just that – recommendations. There is no automatic action that will follow from the publication of the first instalment of what will be a three-part Zondo Report.

In December 2021, meanwhile, National Prosecuting Authority (NPA) head Shamila Batohi warned that an underfunded and overburdened NPA would be unable to prosecute all cases emanating from the Zondo Commission, and would have to pick and choose for maximum impact. 

The first volume of the report advises the NPA to “consider” – and in some places, “seriously consider” – prosecutions against about 20 individuals and firms implicated in State Capture around South African Airways (SAA), the Guptas’ The New Age newspaper sponsorship, and the South African Revenue Service (SARS). 

Here follows a summary of Judge Zondo’s recommendations thus far:

1. SAA

People or companies the NPA should consider prosecuting for fraud or corruption:

• Former SAA chair Dudu Myeni


• “The individuals” responsible for securing millions of rands “for the personal benefit of Ms Myeni and the Jacob Zuma Foundation”.


• JM Aviation directors and members of the board of SAA Technical (Saat)


• Vuyo Ndzeku, former JM Aviation director


• Yakhe Kwinana, former SAA board member


• Lindelwa Mbanjwa, Kwinana’s lawyer


• Nontsaka Memela, former Saat procurement head


• Phetolo Ramosebudi, former Acsa group treasurer


• Eric Wood, Regiments director


• Niven Pillay, Regiments executive


• Phumeza Nhantsi, former SAA CEO


• Vivien Natasen, director of Neo Solutions


• Swissport


• Daluxolo Peter, businessman


• Vuyisile Ndzeku, former JM Aviation director


• Lester Peter, SAA former head of procurement


• Officials at the North West Department of Transport


• Mr Indheran Pillay, Regiments executive


• Mr Tewedros Gebreselasie, Regiments executive


• Moss Brickman, Nedbank head of credit and international derivatives


• Mario Visnenza, Nedbank executive


• Nedbank

• The Legal Practice Council should investigate Nontsasa Memela and Lindelwa Mbanjwa with a view to potentially removing them from the legal roll.


• The South African Institute of Chartered Accountants (Saica) should investigate whether Yakhe Kwinana is “fit and proper” to practise as a chartered accountant.

• Asset Forfeiture Unit (AFU) to recover funds paid to and by Regiments Capital


• AFU to investigate recovering Nedbank’s profits under interest swap contracts with Regiments


• AFU to recover any other amounts “that constitute the proceeds of unlawful activities”

• Parliament should consider extending the time limit on declaring delinquent directors. This currently stands at two years, but if extended could allow Dudu Myeni and Yakhe Kwinana to be declared delinquent even retrospectively.


• The president should ensure that the State Security Agency does not have its services abused to serve certain agendas.


• Auditor-General’s office needs more money to audit SOEs so that it can, ideally, undertake this work without involving private audit firms.

• Former SARS head Tom Moyane, with perjury relating to his “false evidence” to Parliament.


• Individuals involved with the awarding of contracts to Bain & Co, with corruption.

• All Bain’s contracts with government should be re-examined.


• The SARS act should be amended to make the SARS Commissioner appointment process more transparent.

• Rajesh “Tony” Gupta, on the basis of evidence from former SAA CEO Vuyisile Kona that Gupta offered him a bribe initially of R100,000 and later R500,000, which Kona rejected.


• Former Transnet CEO Brian Molefe for fraud “and/or contravention of the PFMA [Public Finance Management Act]”.


• The 2015 Eskom board members should be investigated before determining potential charges against them.


• Former Eskom CEO Collin Matjila – who insisted Eskom enter into a long-term contract with The New Age –  for fraud “and/or contravention of the PFMA”.

• The publication of a National Charter against corruption, which would include a Code of Conduct setting out ethical standards which must legally be adhered to in public procurement;


• The creation of an anti-corruption agency dealing with public procurement. This would comprise a five-member council, an inspectorate, a litigation unit, a tribunal and a court, and would monitor public procurement activity for corruption;


• The strengthening of protection for whistle-blowers and allowing them to financially benefit from disclosures;


• The deferral of prosecution of corporations if they cooperate fully and pay a fine;


• The creation of a professional body for procurement officers, from which individuals may be struck for misconduct;


• The enhancement of transparency in public procurement;


• The strengthening of protection for accounting officers or authorities acting in good faith;


• The strengthening of the Prevention and Combatting of Corrupt Activities Act to help combat bribery;


• The criminalising of making donations to political parties in exchange for a tender; and


• The introduction of stronger and more specific legislation relating to public procurement, including greater centralisation and better training for public procurement officials. DM