State Capture Commission Report Part VI Vol IV
State Capture Commission Report Part VI Vol IV
of
Inquiry into Allegations
of
State Capture, Corruption and Fraud in the
Public Sector Including Organs of State
Report: Part VI
Vol. 4: Summary of Recommendations
TABLE OF CONTENTS
Pembroke Transaction.................................................................................................... 3
Swissport ......................................................................................................................... 4
Auditors ....................................................................................................................... 10
SA Express ................................................................................................................. 11
VOLUME II - THE NEW AGE AND ITS DEALINGS WITH GOVERNMENT DEPARTMENTS
AND STATE OWNED ENTITIES ........................................................................................ 13
RECOMMENDATIONS ....................................................................................................... 15
1. Below are the recommendations made by this Commission regarding South African
2. The Commission’s Terms of Reference required it to establish the extent to which state
capture, corruption and fraud was prevalent in the public sector. In particular, the Terms
whether public officials or functionaries had unlawfully awarded tenders to benefit any
family, individual or corporate entity (paragraph 1.4 of the Terms of Reference). The
Terms of Reference also required the Commission to determine whether any officials
or functionaries within the various SOEs had benefitted personally from acts of
3. These key aspects of the mandate of the Commission guided the investigation
undertaken into the affairs of SAA, its subsidiary SAAT, as well as SA Express.
4. The investigation endeavoured to uncover not only what had happened within these
entities but also why and how it happened. The investigation therefore had a broad
compass because it was motivated by a desire to understand the weakness within the
public sector that makes it vulnerable to state capture, corruption and fraud.
5. As the findings set out above show, SAA declined during the tenure of Ms Myeni to an
entity racked by corruption and fraud. Despite this, she was retained as its Chairperson
PART V: VOL 2 – SABC
186. The question to be answered is whether the actions of the Former President by involving
187. In terms of Government Gazette Notice No. 21399, Notice No. 41, Regulation 6853, the
Executive Ethics Code was published. The Executive Code was published in terms of
section 2(1) of the Executive Members Ethics Act, 1998 (Act No. 82 of 1998). The
Executive Ethics Code was published by the then Acting President J G Zuma. The
Executive Ethics Code was published and the members of the Cabinet, Deputy
therewith in performing their official responsibilities. Clause 2.3 of the Executive Ethics
Code provides:
(a) …
(b) …
(c) …
(e) …
Conflict of interest
A member must declare any personal or private financial or business interest that
the member may have in a matter –