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Lucky Montana Rails Against Zondo, Says Report A Missed Opportunity
Lucky Montana Rails Against Zondo, Says Report A Missed Opportunity
STATE CAPTURE, CORRUPTION AND FRAUD IN THE PUBLIC SECTOR AND OTHER ORGANS
On Wednesday, 22 June 2022, the Judicial Commission of Inquiry into State Capture,
Corruption and Fraud in the Public Sector, including Organs of State (“State Capture
Commission”), chaired by the Chief Justice, RMM Zondo, submitted its final report to His
Excellency, President Cyril Ramaphosa. The final report deals with the reminder of the public
entities: State Security Agency (SSA), South African Broadcasting Corporation (SABC),
Passenger Rail Agency of South Africa (PRASA), the Estina Dairy Project as well as present the
“bigger picture” on State Capture. The country is already grappling with the meaning of these
The President has taken a sensible position and stated he will study the reports and present
an Action Plan to Parliament by October 2022. The President emphasized in his acceptance
of the final report that the conclusion of the work of the Commission brings to an end the
“Era of State Capture” which others claimed dominated South African public life in the past
decade.
The True Meaning of the Reports – Protect the Interests of the White Ruling-Class
shocked by the extent to which Justice Zondo has been prepared to sell his soul and protect
the status-quo. He had used his position to help strengthen and deepen the power of the
The greatest, if not the only, test for the State Capture Commission Reports should be the
extent to which its Findings and Recommendation will assist South Africa to address its major
challenges and fault-lines in our society. Judging by the contents of the various Parts and
some whilst protecting others. If the tone and contents of the Commission’s Reports are
anything to go by, South Africa faces a turbulent future. Justice Zondo has effectively put in
place a formula which will set South Africa on a path of perpetual conflict and retribution.
Justice Zondo missed the opportunity to help the country move forward, to help the nation
heal, and to objectively and fairly present the challenges facing South Africa, hold accountable
lasting solutions which are rationally-connected to the very purpose of his Commission and
set us on a path towards a uniting vision and a prosperous future. Judge Zondo and his
and setting the country on a path of division and bitter conflict. In fact, the report is about
consolidating the power of the very white establishment which plundered South Africa for
over 300 years and destroyed it in the last twenty-five (25) years since the advent of
democracy. These reports had emboldened the most reactionary and criminal sections of the
South African society. The black majority are the real losers in this Commission’s findings.
Justice Zondo has enabled the white ruling-class, which controls South Africa and dominate
its economy, to restore its power over the Affairs of the Democratic State. This a culmination
of a strategy pursued by Anglo-American and its allies since the mid 1980s. it has delivered
State Capture is the ideology of the white ruling-class to protect its economic interests. It has
now been embraced by the ruling party, the African National Congress. Getting the party of
the black majority and its alliance partners, the SACP and COSATU, to adopt the ideology of
the ruling-class, State Capture, is a significant strategic victory. This was achieved through
relented activity and coordinated strategy developed after the June 16, 1976 uprisings. This
was taken to greater heights with the co-option of certain sections of the black community
through shares for emerging lack business and opening bonds and other loans for black
professionals. The traditional base of the ANC and the popular alliance that underpinned the
struggles in the late 1970s and 1980s had fractured in a big way.
Judging by the findings and selected application of the law, our Chief Justice, assured there
will not be effective resistance from within the black community, is acting in the best interests
of vested white commercial interests. He has used the Commission to create a new
framework which will effectively block any meaningful transformation of our country and
suppress the historic demands of the black majority. The Constitutional provision for change
is being undermined and the agenda for radical socio-economic transformation criminalised.
Through his findings and recommendations, the destruction of colonial and capitalist
structures created for the national domination and economic exploitation of the black
Chief Justice Zondo has personally undertaken the biggest-ever Cover-Up (post-1994) of the
criminal activities of the established white sector. He had protected Glencore and other
companies looting ESKOM, MultiChoice on SABC, the white criminal networks that benefits
enormously from both SARS and the SA Reserve Bank, Werksmans Attorneys on the collapse
of PRASA, and of course, one of their principal agent in Government, Minister Pravin Gordhan.
He had written about BOSASA, how it was a corrupt operation and everything it did was
Mokonyane, Thabang Makwetla and others but not to President Cyril Ramaphosa or his son,
the very opposite of what the Commission was established to do: establish the true facts and
make recommendations aimed at protecting South Africa and prevent the “capture” of public
Contrary to the position of the President, the completion of the work of the State Capture
Commission does not represent the end to the chapter of State Capture in South Africa. It is
clear the Commission used public funds to mask the actual state capture in South Africa. Like
many before it, the State Capture Commission is a missed opportunity for South Africa.
The report presents some clear instances of corruption and wrongdoing which must be dealt
with by law-enforcement agencies, without fear or favour. The struggle against corruption
must be intensified. Corruption is a cancer eating at the fabric of our society and the ability
of the government to deliver quality public services. We must promote the culture of fighting
However, Justice Zondo failed to demonstrate how these separate acts of corruption are
linked, strategically or otherwise, to the very notion of State Capture, which proponents of
corruption of the Guptas or their so-called capture of the State. Our problems and challenges
lies in the history of oppression and exploitation established over three centuries. It is the
ideology of the white ruling-class called State Capture which has been successful in making
the black majority believe their problems are primarily due to corrupt blacks in the ANC-
government and not the other way round i.e. our problems are pre-dominantly found in the
specific form of capitalism which developed within the context of colonial relations in South
Africa and emerged after the discovery of minerals. The system has been able to reproduce
The ANC has been unable or even afraid to restructure the old economic structures inherited
from our apartheid past. These structures have been reproduced post-1994 and are
characterised by two related phenomenon: Firstly, integration of the “first world economy”
of South Africa, largely dominated by the Mineral Energy Complex, into the global system of
production dominated by global powers and secondly, the disintegration of the “Second
economy” (including the rural economy) starved of meaningful investment and fiscal support,
resulting in the deepening socio-economic crisis we face today, with the majority of black
redistribution of wealth and income or ensure an equitable share of the national income. This
is a historic necessity or the country will collapse under social conflict, criminality and the
Justice Zondo promised a bigger picture and tell us what State Capture is all about, how did it
work and what are the conditions for its success. There is simple no such “bigger picture” in
his final report. There is no bigger picture because he is either incapable of making such an
analysis or was simply under pressure from the real owners of South Africa.
During his testimony, Brian Molefe addressed DCJ Zondo and said “many people assume that
the Chairperson has already decided that there is state capture”. The Chairperson did not
respond to this statement. Brian Molefe and many others did not know what was to come.
Today, South Africa knows DCJ Zondo has concluded there was State Capture by some, and
not others. It is not clear why Justice Zondo chose one particular version of State Capture and
ignored others. The reports fail to provide the reader with the Commission’s own definition
of “State Capture”, what it means by State Capture and how this concept is a useful tool to
understand the state of our country. All one could find are isolated statements in the report.
Others may say this was not its intended purpose but the truth is that the Commission failed
to establish linkages to be used against political opponents in the period leading to the ANC’s
55th National Conference in December 2022. Part1 of the Commission’s report is proving to
be a “damp squib”. The Commission is lost in detail and has failed to elevate the evidence it
The choice had already been made, not only on whether or not state capture exists but which
version the Commission prefers, albeit without supporting evidence. Pravin Gordhan was
among the first witnesses to testify before the Commission in October 2018,and his version
based on “connecting the dots” to pursue political opponents of the status quo in the country,
and not concrete evidence, has been accepted as “gospel truth” by the Commission. President
Ramaphosa, through his Action Plan, will activate this and and make this the official position
With regard to PRASA, the Commission failed to do proper investigations on this vitally-
important public entity, the destruction of rail infrastructure running into billions after the
PRASA Board decision of 2019/20 to terminate security contracts (in a haste as part of the so-
called fight against State Capture and corruptions), allegations in respect of my properties,
and most importantly, the serious allegations against the sophisticated network run by
Minister Pravin Gordhan and Warren Goldblatt (Pravin-Goldblatt Axis) which was executed at
Minister Pravin Gordhan, with the assistance of Mr Popo Molefe, Minister Dipuo Peters, Dr
Zweli Mkhize, Ms Zodwa Manase, Werksmans Attorneys through its Lead Partner, Bernard
Hotz, Basileus Concolium Professional Services (BCPS) under Warren Goldblatt, Howarth
Forensics under Ryan Sacks, Ukhozi Forensics under Mohammed Seedat working with Ivan
Pillay, former SARS Acting Commissioner and key player in the SARS Rogue Unit and others,
28. In his testimony to this Commission in October 2018, Minister Pravin Gordhan describes
leadership of key institutions and organs of state, often without rational explanation, were
done to take control of such institutions. This would be followed by the plunder of resources
29. This is in fact how PRASA was destroyed with changes made to its Board in August 2014, its
strategic gains reversed within a confined space of time, its modernization programme brought
to a complete halt and rail operations allowed to collapse, and yes, its resources plundered. All
This was a bold and ambitious programme to modernize the passenger railway system through
investing significantly in new rolling stock, modernizing depots, replacing the old signaling
31. The total investment over a 20-year period was estimated at R173 billion. This programme
was aimed at changing the travel experiences of South Africans. Naturally, such a programme
32. The political forces arising from the actions of Minister Pravin Gordhan from February 2014 went
on to reverse and destroy, within 3 years, everything PRASA, and its predecessor the SARCC, had
In his final report, Justice Zondo recommends a full commission of Inquiry into PRASA. This is
laughable. Whilst I am in-principle not opposed to another inquiry, Justice Zondo, his Legal
and Investigating teams had ignored the detailed documentary evidence and graphs which I
presented detailing how PRASA was destroyed between July 2015 and December 202I. Justice
Zondo did everything to protect Minister Pravin Gordhan, Warren Goldblatt, Werksmans
Attorneys and his criminal network. They are just so powerful. The information is available
However, this was not the end, Justice Zondo did not only protect the Pravin – Goldblatt Axis
but had gone to great lengths to undermine the very independence and authority of the
Auditor-General of South Africa (“AGSA”), the DPCI (“the Hawks”) and Special Investigating
Unit (“SIU”) in favour of this criminal network. His findings in the final reports are not driven
Reading the Volume on PRASA, it is clear Justice Zondo had in fact gone as far as to undermine
findings for both the 2016 and 2017 Financial Years. The findings says the appointment of
Werksmans Attorneys is irregular. The Auditor-General also put to rest the lie that
the PRASA panel were given the opportunity to bid for the work.
The truth is that the appointment of Werksmans Attorneys was not only irregular but based
on serious misrepresentation, and therefore fraudulent. In his final report, Justice Zondo did
not ignore the evidence but abused his authority as chairperson of the Commission,
I am aware that the SIU had been investigating various PRASA matters following a
proclamation by the President. I was recently contacted by a journalist who had wanted me
to comment on the draft report of the SIU. I requested to meet the journalist and to read the
draft report. I read the report and it put the irregular appointment of Werksmans Attorneys
“squarely” on Popo Molefe (Board Chairman) and Zodwa Manase (Chairperson of the Board’s
Through his report, Justice Zondo is trying to pre-empt the findings of the SIU and by
protecting Werksmans Attorneys, prevent the SIU from pursuing the law firm to pay back to
PRASA over R400 million paid to Werksmans. This happened to KPMG, Bain and others, why
Justice Zondo on how Popo Molefe and Werksmans Attorneys almost succeeded in capturing
the HAWKS by deploying Howarth Forensics (Ryan Sacks) inside this crime-fighting institution.
This was done under the pretext the DPCI did not have capacity to analyse “complex financial
transactions”. Howarth did this work whilst at the same time it was an integral part of the
Werksmans investigation at PRASA. The aim was to manipulate the evidence and force the
HAWKS to pursue trumped up charges against some of us. The information obtained
unlawfully by Howarth Forensics is now used by Ryan Sacks whom the Commission had placed
Fortunately, the HAWKS learnt of this during one of the presentations made by Werksmans
Attorneys and immediately terminated the mandate of Howarth Forensics. Today, the same
tainted evidence by Howarth Forensics forms part of the Findings by Justice Zondo, who had
blasted the DPCI for not acting on the false evidence from the Werksmans investigation. In
this, Justice Zondo violated the Constitution, various laws and his own Oath of Office as a
1883: Popo Molefe and Werksmans Attorneys became desperate. Their investigation was not yielding
the results they had anticipated. They could not link me to any act of fraud and corruption at
PRASA.
1884. Popo Molefe had written to the HAWKS to try and get the crime-fighting body to pursue me
and other people. A copy of Mr Molefe’s letter is attached hereto marked Annexure TLM177.
1885. Mkhabela Huntley, one of the legal firms irregularly appointed by PRASA to assist with
reflects the desperation to turn irregularities into criminal conduct. Their Report to PRASA
dated 11 February 2018 was trying to force the issue of criminality in matters that are clearly
about Governance and Internal Controls. A copy of the report is attached hereto marked
Annexure TLM178.
1886. However, Popo Molefe and Werksmans Attorneys, other than negative speculation, could not
provide solid evidence to the DPCI, as evidenced in the response by the DPCI and other
1887.When DPCI requested solid evidence linking each of the individuals to a specific crime, Popo
Molefe and PRASA provided the same documents they submitted to Court on the Siyangena
and Swifambo matter. The DPCI indicated that they need solid evidence and not court papers
in civil matters. A copy of the letter from the DPCI is attached hereto marked Annexure
TLM179).
1888. Popo Molefe, Werksmans Attorneys and BCPS were determined to “write the script” for
DPCI
and the NPA. They were not in favour of an independent investigation that they could not
control.
1889. Part of the plan was to get DPCI to appoint Howarth Forensics, one of the companies
working very closely with BCPS and Ukhozi in the Werksmans investigation, to play
a central role in the DPCI investigation. They claimed there was no capacity at DPCI
to do complex financial analysis. A copy of the Popo Molefe’s Letter is attached hereto
investigate cases of corruption at PRASA. It was reported in the media that DPCI had
opposed the application. A copy of the media report marked Annexure TLM181.
1891. In correspondence between PRASA and DPCI, it has become clear that there is lack of
solid evidence presented by PRASA to DPCI. Instead, PRASA has submitted a list of
person to a specific crime. A copy of the list of witnesses submitted by Popo Molefe is
1892. PRASA, supported by Werksmans Attorneys, were also hoping to get the support of
the National Prosecution Authority (NPA) to support their case, if DPCI did not
accede to their demands. Popo Molefe had written to Advocate Shaun Abrahams in
this regard. A copy of Popo Molefe’s letter is attached hereto marked Annexure
TLM183.
1893. Advocate Shaun Abrahams had replied to PRASA and effectively sent them back to
DPCI. It is clear from the response of Advocate Abrahams that Popo Molefe wanted to
even dictate to the prosecution authority on which charges to proffer on his enemies.
1894. I was pleased that the Head of the NPA rejected such an attempt to undermine the
1895. The biggest challenge for Popo Molefe, BCPS and Werksmans Attorneys was how to
deal with the lack of evidence against me and many others and the illegal surveillance
they have been conducting over the years to obtain such evidence.
1896. Popo Molefe was not prepared to accept this setback. In an unprecedented move, he
launched a court challenge in the Gauteng High Court, Pretoria to force the DPCI to
investigate the cases under terms laid by him and Werksmans Attorneys. The Court
1897. The DPCI responded to the Court Order and tabled an affidavit deposed to by General
Khana. The affidavit also records the rejection by the DPCI of Popo Molefe, assisted
1898. I urge the Commission to obtain the Court file and study the Affidavit by General
Khana. It sets out in detail how Popo Molefe and Werksmans Attorneys had tried to
undermine the very independence of the DPCI investigation. This is contrary to the
unfounded statements by the DCJ Zondo that evidence was presented but DPCI did
nothing to investigate.
This is the evidence presented to Justice Zondo. He continued with his attacks on the HAWKS
and NPA during the PRASA hearings, based solely on the testimony of Popo Molefe. The
Affidavit deposed to by General Godfrey Lebeya, after the fact, was not only unlawful but
another brazen attempt at a cover-up by Justice Zondo. The true facts had been
compromised.
It is important that I address two other matters in respect of the Findings on PRASA.
Justice Zondo says I must be prosecuted for the appointment of Swifambo Rail Leasing. There
is no factual basis for this personalised attack on me. The facts before Justice Zondo are clear
and he decided to ignore them. Firstly, as GCEO and the Board, we were not involved in the
writing of tender specifications, we did not evaluate tenders nor adjudicate bids. We received
recommendations from the evaluating and adjudicating teams. I was not personally involved
in the tender other than being CEO and a Board member. The recommendation for the award
of the tender to Swifambo was approved by the full Board of PRASA on 24 July 2012.
• That PRASA had tested the market through An Expression of Interest, a process led
by Mr Ingwa Sichula (then Group Executive: Engineering Services at PRASA) and not
Daniel Mtimkhulu as asserted by Justice Zondo;
• That the specification for the locomotive tender was delivered by a full team
comprising of various disciplines, and not Daniel Mtimkulu (Executive Manager for
Engineering Services in the PRASA Rail Division and not the so-called chief Engineer
at PRASA);
• That Swifambo Rail Leasing won an open, competitive and transparent tender
advertised in the media;
• That Swifambo was not the only company which presented a bid but six other
companies participated;
• That Swifambo was not the only company which presented an option for outright
purchase but General Electric (GE) did the same;
• That the bids of Swifambo and GE for outright purchase was evaluated by PRASA’s
Treasury team lead by Brian Alexander, prepared the numbers and presented this to
the Bid Adjudication team (BAC);
• That the price offered by Swifambo for its locomotives was R3,5 billion beyond the
delegated authority of the GCEO of R100 million and required Board approval;
• That Swifambo had already delivered to PRASA 13 of the 20 locomotives Diesel-
Electric locomotives, had completed another 7 others which were at the harbour to
be shipped and already 5 of the 50 Hybrid locomotives were in the process of
production. Swifambo was delivering on its contract contrary to what the media had
reported and the lies promoted by justice Zondo himself;
• That PRASA had paid R2,6 billion of the R3,5 billion contract value, and that the bulk
of this money was spent on the locomotive tender,
• That the investigation by (the highly-compromised) Ryan Sacks of Howarth Forensics
does not present evidence of looting other than the flow of money from PRASA
payments to Swifambo to Vossloh (which bought various components and ran the
production line in Valencia), as well as payments to other entities and individuals
related to Swifambo Holdings; and
• There is no evidence of fraud or corruption involving any PRASA officials.
The question is why the Chief Justice decided to ignore the evidence and targeted me in the
matter he had done. He is being to himself - a true criminal who allowed himself to be used
by the Pravin-Goldblatt Evil Axis.
My Property Dealings
I went to the Commission to deal with the lies and presented evidence to Justice Zondo in the
form of bond documents, monthly payments, letters of approvals by the banks, e-mails,
disposal of some of the properties and how I invested the proceeds of some of my properties
in other developments, joint venture agreements, etc, all proving how I had acquired my
properties.
The evidence is clear: I had obtained a Private One Bank facility of R10.5 million from ABSA to
purchase four (4) properties and another bond from FNB to purchase one (1) other property.
The noise about the property I sold in Parkwood is absolute madness.
However, in its final report, Justice Zondo makes a sudden huge U-Turn. He concedes that the
properties he is dealing belonged to a company called Precise Trade, with Riaan van der Walt
as its sole Shareholder and Director.
Instead of leaving it there and concede defeat, Justice Zondo says I was involved with Riaan
van der Walt when he bought his properties. Yes, I was involved in business with Riaan van
der Walt with the view to develop properties. This was never a secret and is fully disclosed in
my submission to the Commission. Riaan van der Walt had his own properties and I had mine
financed through the bank.
We chose to work together to develop properties and make money. There is nothing unlawful
about this nor is there a conflict of interest. Th desperate attempts to make Riaan van der
Walt’s properties mine was perhaps the biggest lie which Justice Zondo had accepted as fact
even before I even testified. He was shocked by the hard facts and evidence I had presented.
This was the area that he Pravin-Goldblatt network had planned to nail me but this failed.
They have changed the script for Justice Zondo and he has included it in his final report.
Justice Zondo says I must be investigated for my property dealing. I must tell him I have been
investigated by the HAWKS and SIU on my property dealings since July 2015. I have nothing
to fear and welcome another probe on my property dealings. Hopefully, Justice Zondo will
be satisfied and accept the outcome this time around.
Justice Zondo has allowed himself to be used by the Pravin-Goldblatt criminal network to
pursue me relentlessly and deliver my head. Let me assure him of one thing: he will not
succeed and he is bound to fail and lose his position as Chief Justice.
Conclusion
I am afraid to say it but Justice RMM Zondo compromised himself. He does not deserve to be
Chief Justice of the Republic of South Africa. A legal process should be initiated for his removal
from Office. I intend to lay the first criminal charges against him in the coming days or weeks
on review but criminal charges be laid against Chief Justice Zondo personally, for his
deliberate violation of the law, abuse of power, criminal conduct and disgraceful conduct. He
used this Commission to effectively protect the real criminals amongst us and consolidated
their power.
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