The “Judicial Commission of Inquiry into State Capture Report: Part 1 Vol. 1: South African Airways and its Associated Companies” was released on 4 Jan 2022. We congratulate PARI and Wits’ researchers on their publications being referenced in the report:
In January 2022, the Zondo Commission released part one of its report into state capture in South Africa.[1] The Commission confirmed the existence of state capture, compiled much evidence to assist in prosecutions, and further made a number of recommendations for systemic reforms. Many of these reforms followed the analysis of chapter 4 of the Zondo report, focusing on public procurement, where much of state capture occurred.
Zondo’s public procurement chapter discusses closely and approvingly two separate interdisciplinary publications of Wits academics working at the School of Law and at the Public Affairs Research Institute. One publication is used (paras 327, 464) to frame Zondo’s discussion and analysis of public procurement in South Africa.[2] The other publication[3] is largely (but not fully) adopted as a key policy recommendation (paras 566-570, 690.3) – to incentivise whistleblowers as part of combatting corruption in public procurement.
[1] Raymond Zondo, “Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State,” January 2022.
[2] Ryan Brunette, Jonathan Klaaren, and Patronella Nqaba, “Reform in the Contract State: Embedded Directions in Public Procurement Regulation in South Africa,” Development Southern Africa 36, no. 4 (July 4, 2019): 537–54.
[3] Ryan Brunette and Jonathan Klaaren, “Reforming the Public Procurement System in South Africa” (Public Affairs Research Institute, May 2020); Ryan Brunette and Jonathan Klaaren, “The Public Procurement Bill Needs Muscle to Empower Whistle-Blowers,” Daily Maverick (blog), March 5, 2020; Jonathan Klaaren and Ryan Brunette, “The Public Procurement Bill Needs Better Enforcement: A Suggested Provision to Empower and Incentivise Whistle-Blowers,” African Public Procurement Law Journal 7, no. 1 (May 21, 2020): 16–25.
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