It all started with a wedding. A 200 plus entourage of friends and family landed their private aircraft at the Waterkloof Air Force Base in April 2013.

What South African&rsquo;s didn&rsquo;t know was that the country had already entered a new era of corruption that was to have a myriad negative consequences. Now, after years of legal obfuscation, political manipulation of &lsquo;captured&rsquo; state institutions and prosecutorial agencies, Cyril Ramaphosa&rsquo;s victory to succeed Jacob Zuma as president of the ruling African National Congress has opened up the possibility that an age of impunity will be replaced with a new era of public accountability.

Since the Gupta&rsquo;s extravagant family wedding at Sun City a slew of revelations have come out. These range from the &ldquo;State of Capture report&rdquo; of the former Public Protector Thuli Madonsela, to the damning Gupta-leaks uncovered by investigative journalists AmaBhungane. All helped South Africans come to understand the shocking extent of the systemic corruption inextricably linked to the Gupta name.

Despite all these revelations, the country&rsquo;s prosecutorial bodies have remained silent. So when the Asset Forfeiture Unit of the National Prosecuting Authority (NPA) confirmed its intention to serve summons on members of the Gupta family and their cronies on January 15 this year ordering them to preserve assets to the tune of R1.6 billion, the first question that sprung to mind was &ldquo;why now&rdquo;?

The answer lies with Ramaphosa&rsquo;s election on a &ldquo;change&rdquo; and &ldquo;reform&rdquo; ticket. His victory in December has shifted the balance of power against the Zuma faction.

A second factor is that the ANC is concerned about its electoral future, with the 2019 national election on the horizon. Zuma has cost the ANC almost 16% of its electoral majority &ndash; some 3 million votes. With opposition parties scrambling to form coalitions, and voting trends suggesting a further decline in the ANC&rsquo;s share of the vote, there is now a very real prospect of the ANC being voted out of power in 2019. An ANC majority is no longer a foregone conclusion &ndash; unthinkable until recently.

It seems denial in the ANC has been replaced by a sense of fear. The party is trying to show the voting public that it can clear up the mess that it has made.

Chickens come home to roost

The NPA&rsquo;s announcement suggests that the chickens seem finally to be on their way home to roost on the <a href="https://www.iol.co.za/business-report/swift-sale-of-gupta-family-empire-in-south-africa-raises-eyebrows-10955847">Gupta empire</a>. The NPA&rsquo;s Asset Forfeiture Unit has applied to the High Court for an order that the Gupta&rsquo;s must &ldquo;preserve&rdquo; R1.6 billion worth of assets. This power is granted under Section 38 of the <a href="https://www.gov.za/sites/www.gov.za/files/a121-98.pdf">Prevention of Organised Crime Act</a>. The provision empowers the NPA to make an ex parte application to the High Court to

<blockquote>
prohibit any person&hellip; from dealing in any manner with any property.
</blockquote>

The court must grant the order if there are reasonable grounds to believe that property is the &ldquo;instrumentality of an offence&rdquo; or &ldquo;is the proceeds of unlawful activities&rdquo;. This must be read in light of the rest of the Act which allows the state to confiscate property that is the proceeds of unlawful activities.

The rationale of the preservation order is, therefore, to prevent such a person or suspect from disposing of assets that are proceeds from unlawful activities which would render a confiscation order fruitless.

An analysis of the act makes it clear that, if a preservation order is requested, the intention of the NPA must be to arrest and charge the Guptas and their associates. A preservation order could only be made if a confiscation order is ultimately envisaged. In turn, a confiscation order can only be made after a criminal conviction.

The logical conclusion is that the NPA, assuming that they are acting in good faith, are intent on arresting and prosecuting the Guptas.

Dilemma facing Ramaphosa and the ANC

The problem for the ANC is this: if its intention is to make the Guptas the sole-scapegoats in the state-capture saga, they will be in a good deal of trouble. Of the published Gupta scandals, the evidence strongly suggests that they were not acting alone. The Guptas themselves may represent only the tip of the iceberg.

Top government officials are reported to have been involved in almost all instances.

For example, Mining Minister Mosebenzi Zwane, is heavily implicated in the Sun City wedding affair, while whistle-blowers Mcebisi Jonas and Vytjie Mentor implicate Zuma as a participant in the Guptas offering them (for undue reward) the positions of ministerial positions.

Zuma&rsquo;s son, Duduzane, is also heavily implicated in corrupt activities related to the state power utility Eskom, as well as the finance minister debacle.

The NPA will struggle to prove its case against the Guptas, at least the full extent of it, without implicating those that drove or condoned their misdemeanours. It seems clear therefore that the ANC cannot restore its reputation while letting its leaders who looted the country&rsquo;s resources drift off into the wilderness.

This presents Ramaphosa with an acute political dilemma given that he&rsquo;s pledged to rebuild unity in the ANC.

Hence, we are likely to see a very high level and multifaceted blame game. But any attempt to restore its credibility will probably prove counter productive unless the party accepts that some of its biggest fish must be prosecuted too.

And it goes without saying that private sector players such as Trillian and KPMG who were willing enablers of the abuse of state procurement processes must also be held to account. If necessary they must pay the ultimate price of corporate collapse as Bell Pottinger did.

Just the beginning

The NPA&rsquo;s announcement represents no more than a good start after years of prosecutorial negligence and incompetence &ndash; or dishonesty &ndash; and costly inaction.

<img alt="The Conversation" height="1" src="https://counter.theconversation.com/content/90395/count.gif?distributor=republish-lightbox-basic" width="1" />In terms of accountability it&rsquo;s indeed time to catch up and restore the legitimacy of important institutions. But the stakes are very high &ndash; for the implicated politicians and their business cronies, for Ramaphosa and the ANC&rsquo;s electoral future, and for the credibility of South Africa as a trustworthy destination for much needed investment.

This article was originally published on <a href="http://theconversation.com" rel="nofollow" target="blank">The Conversation</a>. Read the <a href="https://theconversation.com/is-the-net-about-to-close-on-zuma-and-his-gupta-patronage-network-90395" rel="nofollow" target="blank">original article</a>.

(Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL)&nbsp; &nbsp;

Of the published Gupta scandals, the evidence strongly suggests that they were not acting alone. The Guptas themselves may represent only the tip of the iceberg.

It all started with a wedding. A 200 plus entourage of friends and family landed their private aircraft at the Waterkloof Air Force Base in April 2013. What South African’s didn’t know was that the country had already entered a new era of corruption that was to have a myriad negative consequences. Now, after years of legal obfuscation, political manipulation of ‘captured’ state institutions and prosecutorial agencies, Cyril Ramaphosa’s victory to succeed Jacob Zuma as president of the ruling African National Congress has opened up the possibility that an age of impunity will be replaced with a new era of public accountability. Since the Gupta’s extravagant family wedding at Sun City a slew of revelations have come out. These range from the “State of Capture report” of the former Public Protector Thuli Madonsela, to the damning Gupta-leaks uncovered by investigative journalists AmaBhungane. All helped South Africans come to understand the shocking extent of the systemic corruption inextricably linked to the Gupta name. Despite all these revelations, the country’s prosecutorial bodies have remained silent. So when the Asset Forfeiture Unit of the National Prosecuting Authority (NPA) confirmed its intention to serve summons on members of the Gupta family and their cronies on January 15 this year ordering them to preserve assets to the tune of R1.6 billion, the first question that sprung to mind was “why now”? The answer lies with Ramaphosa’s election on a “change” and “reform” ticket. His victory in December has shifted the balance of power against the Zuma faction. A second factor is that the ANC is concerned about its electoral future, with the 2019 national election on the horizon. Zuma has cost the ANC almost 16% of its electoral majority – some 3 million votes. With opposition parties scrambling to form coalitions, and voting trends suggesting a further decline in the ANC’s share of the vote, there is now a very real prospect of the ANC being voted out of power in 2019. An ANC majority is no longer a foregone conclusion – unthinkable until recently. It seems denial in the ANC has been replaced by a sense of fear. The party is trying to show the voting public that it can clear up the mess that it has made. Chickens come home to roost The NPA’s announcement suggests that the chickens seem finally to be on their way home to roost on the Gupta empire. The NPA’s Asset Forfeiture Unit has applied to the High Court for an order that the Gupta’s must “preserve” R1.6 billion worth of assets. This power is granted under Section 38 of the Prevention of Organised Crime Act. The provision empowers the NPA to make an ex parte application to the High Court to prohibit any person… from dealing in any manner with any property. The court must grant the order if there are reasonable grounds to believe that property is the “instrumentality of an offence” or “is the proceeds of unlawful activities”. This must be read in light of the rest of the Act which allows the state to confiscate property that is the proceeds of unlawful activities. The rationale of the preservation order is, therefore, to prevent such a person or suspect from disposing of assets that are proceeds from unlawful activities which would render a confiscation order fruitless. An analysis of the act makes it clear that, if a preservation order is requested, the intention of the NPA must be to arrest and charge the Guptas and their associates. A preservation order could only be made if a confiscation order is ultimately envisaged. In turn, a confiscation order can only be made after a criminal conviction. The logical conclusion is that the NPA, assuming that they are acting in good faith, are intent on arresting and prosecuting the Guptas. Dilemma facing Ramaphosa and the ANC The problem for the ANC is this: if its intention is to make the Guptas the sole-scapegoats in the state-capture saga, they will be in a good deal of trouble. Of the published Gupta scandals, the evidence strongly suggests that they were not acting alone. The Guptas themselves may represent only the tip of the iceberg. Top government officials are reported to have been involved in almost all instances. For example, Mining Minister Mosebenzi Zwane, is heavily implicated in the Sun City wedding affair, while whistle-blowers Mcebisi Jonas and Vytjie Mentor implicate Zuma as a participant in the Guptas offering them (for undue reward) the positions of ministerial positions. Zuma’s son, Duduzane, is also heavily implicated in corrupt activities related to the state power utility Eskom, as well as the finance minister debacle. The NPA will struggle to prove its case against the Guptas, at least the full extent of it, without implicating those that drove or condoned their misdemeanours. It seems clear therefore that the ANC cannot restore its reputation while letting its leaders who looted the country’s resources drift off into the wilderness. This presents Ramaphosa with an acute political dilemma given that he’s pledged to rebuild unity in the ANC. Hence, we are likely to see a very high level and multifaceted blame game. But any attempt to restore its credibility will probably prove counter productive unless the party accepts that some of its biggest fish must be prosecuted too. And it goes without saying that private sector players such as Trillian and KPMG who were willing enablers of the abuse of state procurement processes must also be held to account. If necessary they must pay the ultimate price of corporate collapse as Bell Pottinger did. Just the beginning The NPA’s announcement represents no more than a good start after years of prosecutorial negligence and incompetence – or dishonesty – and costly inaction. In terms of accountability it’s indeed time to catch up and restore the legitimacy of important institutions. But the stakes are very high – for the implicated politicians and their business cronies, for Ramaphosa and the ANC’s electoral future, and for the credibility of South Africa as a trustworthy destination for much needed investment. This article was originally published on The Conversation. Read the original article. (Disclaimer: The opinions expressed above are the personal views of the author and do not reflect the views of ZMCL)

Opinion: How Gupta brothers build up an empire of corruption

The African National Congress expects to announce the successor to President Jacob Zuma as party leader on Sunday when ANC delegates elect a new figurehead for the movement that has ruled South Africa since the end of apartheid.

The vote is crucial because whoever emerges at the helm of the 105-year-old liberation movement that has electoral dominance in Africa&#39;s most industrialised economy is likely to become South Africa&#39;s next president after elections in 2019.

After lengthy delays on the first day of the ANC conference on Saturday, the leadership contest was still too close to call, with most grassroots ANC members backing Deputy President Cyril Ramaphosa or Zuma&#39;s preferred candidate, his former wife Nkosazana Dlamini-Zuma, 68.

Ramaphosa, 65, got the majority of nominations from party branches scattered across the country. But the complexity of the leadership race means it is far from certain he will win when the votes are finally counted.

The election is perhaps the most pivotal moment for the ANC in its 23 years of power. Scandal and corruption allegations have tainted Zuma&#39;s presidency and the party that launched black majority rule under Nobel Peace Prize laureate Nelson Mandela is now deeply divided, its image tarnished at home and abroad.

Party spokesman Zizi Kodwa said the ANC hoped to declare a winner on Sunday, but this depended &quot;on getting through the credentials process,&quot; or vetting the eligibility of the delegates.&nbsp;

Under ANC rules, a majority of nominations is not the same as the most votes at the conference and delegates are not bound to vote for a particular candidate.

How the roughly 6,000 delegates will vote may also be subject to vote-buying and intimidation - which are widely acknowledged to have swayed previous leadership contests.

ANC Chairwoman Baleka Mbete - who is also the speaker of parliament - publicly endorsed Ramaphosa, online news service EWN reported.

Stan Itshegetseng, chairman of an ANC branch in Soweto, said: &quot;I believe Cyril will win this election because the majority of ANC branches endorsed him.&quot;

Carl Niehaus, a key member of Dlamini-Zuma&#39;s campaign, said she would be propelled to victory by &quot;the grassroots and the poor. That is important in South Africa because we have a huge gap between rich and poor.&quot;

Dlamini-Zuma pledged during her campaign to tackle the racial inequality that persists in South Africa since the end of white minority rule.

Ramaphosa vowed to fight corruption and revitalise the economy. That message has gone down well with foreign investors.

Managing director of Goldman Sachs in South Africa, Colin Coleman, described the two candidates as &quot;quite divergent&quot; in their views on how to revive a lacklustre economy.

In a boost to Ramaphosa, courts ruled that officials from some provinces seen as supporting Dlamini-Zuma had been elected illegally and were barred from the conference. The rand currency firmed more than 2 percent after that news on Friday.

In his last speech as ANC leader, Zuma called on the party to unite behind whoever is declared the winner, saying &quot;the movement (ANC) must be the winner and not individuals.&quot;

Whoever emerges at the helm of the 105-year-old liberation movement is likely to become South Africa`s next president after elections in 2019

The African National Congress expects to announce the successor to President Jacob Zuma as party leader on Sunday when ANC delegates elect a new figurehead for the movement that has ruled South Africa since the end of apartheid. The vote is crucial because whoever emerges at the helm of the 105-year-old liberation movement that has electoral dominance in Africa's most industrialised economy is likely to become South Africa's next president after elections in 2019. After lengthy delays on the first day of the ANC conference on Saturday, the leadership contest was still too close to call, with most grassroots ANC members backing Deputy President Cyril Ramaphosa or Zuma's preferred candidate, his former wife Nkosazana Dlamini-Zuma, 68. Ramaphosa, 65, got the majority of nominations from party branches scattered across the country. But the complexity of the leadership race means it is far from certain he will win when the votes are finally counted. The election is perhaps the most pivotal moment for the ANC in its 23 years of power. Scandal and corruption allegations have tainted Zuma's presidency and the party that launched black majority rule under Nobel Peace Prize laureate Nelson Mandela is now deeply divided, its image tarnished at home and abroad. Party spokesman Zizi Kodwa said the ANC hoped to declare a winner on Sunday, but this depended "on getting through the credentials process," or vetting the eligibility of the delegates. Under ANC rules, a majority of nominations is not the same as the most votes at the conference and delegates are not bound to vote for a particular candidate. How the roughly 6,000 delegates will vote may also be subject to vote-buying and intimidation - which are widely acknowledged to have swayed previous leadership contests. ANC Chairwoman Baleka Mbete - who is also the speaker of parliament - publicly endorsed Ramaphosa, online news service EWN reported. Stan Itshegetseng, chairman of an ANC branch in Soweto, said: "I believe Cyril will win this election because the majority of ANC branches endorsed him." Carl Niehaus, a key member of Dlamini-Zuma's campaign, said she would be propelled to victory by "the grassroots and the poor. That is important in South Africa because we have a huge gap between rich and poor." Dlamini-Zuma pledged during her campaign to tackle the racial inequality that persists in South Africa since the end of white minority rule. Ramaphosa vowed to fight corruption and revitalise the economy. That message has gone down well with foreign investors. Managing director of Goldman Sachs in South Africa, Colin Coleman, described the two candidates as "quite divergent" in their views on how to revive a lacklustre economy. In a boost to Ramaphosa, courts ruled that officials from some provinces seen as supporting Dlamini-Zuma had been elected illegally and were barred from the conference. The rand currency firmed more than 2 percent after that news on Friday. In his last speech as ANC leader, Zuma called on the party to unite behind whoever is declared the winner, saying "the movement (ANC) must be the winner and not individuals."

South Africa's ANC to elect leader to replace President Zuma

For the first time in South African history, more than 400 soldiers will join the security team in Parliament during the annual state of the nation address (SONA) by President Jacob Zuma. According to a statement released by the presidency, the deployment of troops is to maintain order during the address. 
&nbsp; 
The democratic nation has enjoyed peaceful proceedings in the national assembly since its first sitting in 2008. But, for the past two years the ruling party has been involved in a brawl with the opposition MPs during the proceedings. 
&nbsp; 
Use of excessive force against MPs

The Economic Freedom Fighters (EFF) since they won Parliamentary seats during the general elections in 2014 has proved Zuma&rsquo;s opening of the national assembly a chaotic affair, with the &#39;red barrettes&#39; as they are known in South Africa chanting and jeering at the President over corruption scandals. 
&nbsp; 
During the 2015 address, the new comers - EFF- were physically removed out of the assembly by security officers disguised as waiters. 
&nbsp; 
IN 2016, as soon as Zuma took the stand, the EFF led by the former President of the ruling party&rsquo;s youth league which broke away from the party (ANC), shouted &ldquo;pay back the money&rdquo; referring to the public protectors report that the President unduly benefited over 1,70,000 dollars of taxpayers money during the upgrade of his private residence, and that he should pay back some of the money.&nbsp;

Zuma has refused to do so until the constitutional court orders the president to pay back the money. 
&nbsp; 
Is security allowed inside South African Parliamentary gatherings?

Security services are allowed in Parliament under two circumstances - with the permission of the Speaker or Chairperson and when there is life threatening danger or destruction of property.

The main opposition Democratic Alliance has condemned the deployment of soldiers, calling for the House Speaker to explain the move of excessive force. 
&nbsp; 
The Speaker Baleka Mbether who also holds a high office within the ruling party has come under criticism for allowing excessive force against elected members of Parliament to protect the president against accountability.

She has been quoted as using the term &ldquo;security forces&rdquo; which is often used in reference to defence force to remove MPs who disrupt the President&rsquo;s speech. 
&nbsp; 
The state of the nation address (SONA) is an annual joint sitting of Parliament in which the president of the Republic reports on the state of the nation. The annual event marks the opening of the Parliamentary year and is usually attended by important governmental figures of South Africa which include former presidents, chief justice of the constitutional court and other members of the judiciary, including the governor of the Reserve Bank and diplomats.

South Africans also participate though not directly but from the comfort of their homes as the event is broadcast live on state TV.

(WION)

For the first time in South African history, more than 400 soldiers will join the security team in Parliament during the annual state of the

For the first time in South African history, more than 400 soldiers will join the security team in Parliament during the annual state of the nation address (SONA) by President Jacob Zuma. According to a statement released by the presidency, the deployment of troops is to maintain order during the address. The democratic nation has enjoyed peaceful proceedings in the national assembly since its first sitting in 2008. But, for the past two years the ruling party has been involved in a brawl with the opposition MPs during the proceedings. Use of excessive force against MPs The Economic Freedom Fighters (EFF) since they won Parliamentary seats during the general elections in 2014 has proved Zuma’s opening of the national assembly a chaotic affair, with the 'red barrettes' as they are known in South Africa chanting and jeering at the President over corruption scandals. During the 2015 address, the new comers - EFF- were physically removed out of the assembly by security officers disguised as waiters. IN 2016, as soon as Zuma took the stand, the EFF led by the former President of the ruling party’s youth league which broke away from the party (ANC), shouted “pay back the money” referring to the public protectors report that the President unduly benefited over 1,70,000 dollars of taxpayers money during the upgrade of his private residence, and that he should pay back some of the money. Zuma has refused to do so until the constitutional court orders the president to pay back the money. Is security allowed inside South African Parliamentary gatherings? Security services are allowed in Parliament under two circumstances - with the permission of the Speaker or Chairperson and when there is life threatening danger or destruction of property. The main opposition Democratic Alliance has condemned the deployment of soldiers, calling for the House Speaker to explain the move of excessive force. The Speaker Baleka Mbether who also holds a high office within the ruling party has come under criticism for allowing excessive force against elected members of Parliament to protect the president against accountability. She has been quoted as using the term “security forces” which is often used in reference to defence force to remove MPs who disrupt the President’s speech. The state of the nation address (SONA) is an annual joint sitting of Parliament in which the president of the Republic reports on the state of the nation. The annual event marks the opening of the Parliamentary year and is usually attended by important governmental figures of South Africa which include former presidents, chief justice of the constitutional court and other members of the judiciary, including the governor of the Reserve Bank and diplomats. South Africans also participate though not directly but from the comfort of their homes as the event is broadcast live on state TV. (WION)

Troops to be deployed inside Parliament during President Zuma's address

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Opinion: How Gupta brothers build up an empire of corruption

South Africa's ANC to elect leader to replace President Zuma

Troops to be deployed inside Parliament during President Zuma's address