The Commission has asked me to address several other matters, including allegations made by witnesses before the Commission. These are addressed in detail in the statement that I have submitted to the Commission.
There is one particular issue on which I wish to comment now since it has received widespread attention and is easily disposed of.
This relates to allegations made by Mr Brian Molefe and Mr Matshela Koko in relation to the stake that I held in the Optimum Mine prior to my entry into government and my later responsibilities with respect to the Eskom war room.
While I was in business, I participated in a consortium with Glencore in the acquisition of Optimum Holding, which acquisition was concluded in June 2012.
I acquired an effective 9.64% shareholding in Optimum Holdings and became non-executive chairperson of Optimum Holdings.
I had no operational involvement in Optimum Holdings or Optimum Mine.
Following my election as ANC Deputy President in December 2012, I initiated a review of my business interests to avoid potential conflicts.
As part of this process, on 6 June 2013, I resigned as a director of Optimum Holdings, and on 22 May 2014, I disposed of my shareholding Optimum Holdings ahead of my appointment as Deputy President of the Republic.
I had no further involvement or interest in Optimum after that point.
In December 2014, President Zuma assigned me responsibility to oversee efforts to turnaround several SOEs that were in dire straits.
I was asked to give,guidance and direction to existing governance structures, focusing on the unique challenges of each structure.
As is apparent now, this work required collective commitment by all governance structures, and was a long term endeavour.
Only recently have we started to truly make progress on the challenges that SAA, Eskom and other SOEs face.
As part of this responsibility, I chaired an Inter-Ministerial Committee on resolving the country’s severe energy constraints.
This IMC exercised political responsibility for the Eskom technical war room, which was set up to support the implementation of the Five-Point Action Plan adopted by Cabinet to address the electricity constraints.
The Technical War Room was under the day-to-day direction of Deputy Ministers of relevant departments and comprised representatives of Eskom and relevant departments.
I was not a member of the Technical War Room.
In response to the allegations made on this matter, it is necessary to make the following points:
First, my acquisition of shares in Optimum Holdings was a straightforward commercial transaction, done in accordance with regulations of the JSE.
Second, as non-executive chairperson of Optimum Holdings, I was not involved in operational matters of subsidiary companies, including contractual matters between Eskom and Optimum Mine.
Third, by the time President Zuma assigned certain Eskom-related matters to me in December 2014, I had disposed of my shareholding in Optimum Holdings and had no other business interests in mining or energy.
Fourth, as is evident from the documents provided to the Commission with my statement, the Eskom technical war room was not involved in Eskom management or operational issues.
I had no interest in, nor any opportunity to, influence Eskom’s decision-making process in matters pertaining to Optimum.
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Many people sacrificed their lives in the fight to end apartheid and bring us to the new Constitutional dispensation.
When we dishonour the Constitution, its principles and values, we dishonour them too.
Since state capture is an assault on the democratic process, it is necessary that the process of extricating the State from a position of ‘capture’ is inclusive, democratic and involves the broad range of interests in society.
This is addressed in part by the public nature of this Commission’s work.
But the hard work will begin after it has finalised its hearings and submitted its report.
Finally, I turn to Mr Koko’s allegation that I improperly interfered to procure his dismissal from Eskom in January 2018.
As I detail in my statement to the Commission, Eskom was in a severe crisis at the time.
Its domestic and international lenders were threatening to call on their loans, in part because of concerns about Eskom’s leadership and its reaction to allegations of corruption.
Eskom’s predicament threatened its very existence as a going concern, the country’s sovereign rating and the country’s ability to access much needed lines of credit.
The National Anti-Corruption Strategy, which was developed together with representatives from business, trade unions, academia and civil society, was approved by Cabinet in November 2020.
The Health Sector Anti-Corruption Forum, which was launched in September 2019, is a critical element of our fight against corruption because the health sector is uniquely vulnerable to corruption.
Legislative changes have been made, and others are underway, to fight corruption and reduce the likelihood of a recurrence of state capture.
Government envisages a fundamental overhaul of the state-owned enterprises model that addresses not only the deficiencies that permitted widespread corruption, but that also enables these companies to effectively fulfil their social and economic mandates in a sustainable manner.
To this end, Cabinet has established the Presidential State-Owned Enterprises Council to reposition SOEs as effective instruments of economic development through stronger oversight and strategic management.
Government is working towards an SOE ownership model that clearly separates the responsibilities of ownership, policy development and regulation.
It has therefore been a priority – and remains an ongoing task – of this administration to rebuild and restore the integrity of these institutions.
I therefore decided that the appointment of the new National Director of Public Prosecutions should be undertaken through a public and transparent process.
This was the first time an NDPP was appointed in such a manner, which did much to restore the confidence of South Africans in the institution. We have established the Investigating Directorate in the office of the NDPP to work on high profile complex cases of corruption & fraud.
On the evening of 9 December 2015, former President Zuma announced the removal of Mr Nene and the appointment of Mr Van Rooyen.
This had an immediate impact on the financial markets. Shortly after Mr van Rooyen was sworn in, then Director-General of National Treasury, Mr Lungisa Fuzile, asked to meet me urgently.
He expressed grave concern, based on his interaction with the new Minister and his advisors, about the impact this development would have on the ability of National Treasury to properly exercise its functions.