The allegation was that Ajay Gupta, the oldest of three Gupta brothers who are business partners of President Zuma’s son, Mr. The offer allegedly took place at the Gupta residence in Saxonwold, City of Johannesburg Gauteng. The post was allegedly offered to him by the Gupta family, which alleged has a long standing friendship with President Zuma’s family and a business partnership with his son Mr. Nhlanhla Nene was abruptly removed by President Zuma on December 09, 2015. Mcebisi Jonas, was allegedly offered the post of Minister of Finance by the Gupta family long before his then colleague Mr. (vii) The complaints followed media reports alleging that the Deputy Minister of Finance, Hon. Mmusi Maimane, the leader of the Democratic Alliance and Leader of the Opposition in Parliament on 18 March 2016 (The Second Complainant), in terms of section 4 of the Executive Members’ EthicsĪct, 82 of 1998 (EMEA) and a member of the public on 22 April 2016 (The third Complainant), whose name I have withheld. Mayebe on behalf of the Dominican Order, a group of Catholic Priests, on 18 March 2016 (The First Complainant) Mr. (vi) The investigation emanates from complaints lodged against the President by Father S. (v) In essence the allegations are as follows: (iv) The investigation is conducted in terms of section 182 of the Constitution read with sections 6 and 7 of the Public Protector Act, 1994. (iii) The Public Protector received three complaints in connection with the alleged improper and unethical conduct relating to the appointments of Cabinet Ministers, Directors and award of state contracts and other benefits to the Gupta linked companies. (ii) This report relates to an investigation into complaints of alleged improper and unethical conduct by the president and other state functionaries relating to alleged improper relationships and involvement of the Gupta family in the removal and appointment of ministers and directors of State Owned Entities (SOEs) resulting in improper and possibly corrupt award of state contracts and benefits to the Gupta family’s businesses. (i) “State of Capture” is my report in terms of section 182(1)(b) of the Constitution of the Republic of South Africa, 1996, and section 3(1) of the Executive Members Ethics Act and section 8(1) of the Public Protector Act, 1994. In a State predicated on a desire to maintain the rule of law‚ it is imperative that one and all should be driven by a moral obligation to ensure the continued survival of our democracy.” And the role of these foundational values in helping to strengthen and sustain our constitutional democracy sits at the heart of this application.” Economic Freedom Fighters v Speaker of the National Assembly and Others Democratic Alliance v Speaker of the National Assembly and Others ZACC 11 If these values are not observed and their precepts not carried out conscientiously‚ we have a recipe for a constitutional crisis of great magnitude. This in turn means that as pillar-stones of this democracy‚ they must be observed scrupulously. It is against this backdrop that the following remarks must be understood: “Certain values in the Constitution have been designated as foundational to our democracy. This is so because constitutionalism‚ accountability and the rule of law constitute the sharp and mighty sword that stands ready to chop the ugly head of impunity off its stiffened neck. For this reason‚ public office-bearers ignore their constitutional obligations at their peril. To achieve this goal‚ we adopted accountability‚ the rule of law and the supremacy of the Constitution as values of our constitutional democracy. “One of the crucial elements of our constitutional vision is to make a decisive break from the unchecked abuse of State power and resources that was virtually institutionalised during the apartheid era. REMEDIAL ACTION Error! Bookmark not defined.353 THE ADMINISTRATIVE STANDARDS THAT SHOULD HAVE BEEN COMPLIED WITH 284Ĩ. POWERS AND JURISDICTION OF THE PUBLIC PROTECTOR 37Ħ. “State of Capture” A Report of the Public Protectorģ.