Chief Justice Raymond Zondo has received backlash from social media, parliament, as well as former Eskom CEO Brian Molefe, for his series of comments about the Guptas and Jacob Zuma’s era of state capture.
Yesterday Zondo, while addressing a colloquium by the Human Science Research Council, to commemorate a year since the release of the commission’s final report, said he has not seen any change in parliament indicating that it will be able to stop another wave of state capture.
Molefe was the first to tell Zondo to ‘shut-up’ after the chief justice accused Molefe of being the key figure of corruption and state capture.
“On the 7th of December 2010, the Gupta newspaper (The New Age) came out saying Mr Brian Molefe would be the CEO of Transnet, and about four months later, Mr Molefe became the group CEO of Transnet,” Zondo said.
Molefe accused Zondo of running a campaign to smear his name, and of compromising cases that are before the courts where the likes of Molefe are accused.
“Quite frankly, Chief Justice Zondo must shut-up,” Molefe retorted.
“One really has to wonder: is the chief justice exempted from the sub-judice rule? Does Zondo view himself as the law? Is he the law?” Molefe added.
Another former Eskom executive implicated in the state capture report, Matshela Koko, said the same about Zondo.
“CJ Zondo must shut-up and respond to the review applications before the courts. He has failed to comply up to now.
“He is quoting publicly from the state capture commission records... the same records that he has failed to produce within the court review process. He prefers the court of public opinion. He is trying to influence the outcome of the review applications.
“He must shut-up and comply with the ongoing review processes. He is not complying as we speak,“ Koko said.
When it comes to the lack of support of the state capture report by parliament, Zondo said state capture could happen again due to failures of parliament in stopping it.
“I don’t think there is anything that has happened which could prevent people from trying or starting (state capture).
“What is important is that we should be able to identify it as soon as there are signs, and deal with it. That is where Parliament becomes important, because I don’t believe that as things stand, there is any change in Parliament, from what it was, that would make sure that this time they would stop it.
“So it (state capture) could happen,” he said.
Parliamentary spokesperson Moloto Mothapo said Zondo had overstepped his line, adding that it was not appropriate for the Chief Justice, representing one of the arms of the state, to engage in public attacks against the legislature.
“It is not the place of a Chief Justice to make such public remarks unless and until he is required to adjudicate on a matter with impartiality.
“The principle of separation of powers is fundamental to our democracy, and it requires each branch of government to respect the roles and responsibilities of the others. Chief Justice Zondo’s public attack on parliament encroaches on this doctrine,” he said.