The High Court in Pretoria has granted the Judicial Commission of Inquiry into State Capture a last and final extension of its term to 31 March 2021. Deputy Chief Justice Raymond Zondo had applied to the court for an extension to the end of this year, but left open the possibility that he may seek another extension if he was not able to finalise his report by then.

Judge Wendy Hughes ruled:

“I am mindful of the fact that it is in the interest of justice that there ought to finality with regard to the work of the Commission, encompassing findings and recommendations to act upon as a matter of urgency… In my view further extensions would not be warranted … The interest of justice dictates that finality be attained with findings, recommendations and a report of the Commission. The Commission owes this to the nation as the work of the Commission of national interest”. (para 24 of the judgment)

CASAC filed an affidavit to the court supporting an extension and argued that it should be a final extension. The Commission has consumed vast amounts of public resources (estimated at R356m by August 2019), and, while the Commission has done valuable work in unravelling the web of the state capture phenomenon, these resources would be better deployed to the existing law enforcement agencies such
as the Investigating Directorate in the National Prosecuting Authority, the Hawks and the Special Investigating Unit in the medium term. These are the bodies mandated to ensure that the looters of state funds are prosecuted and the stolen monies recovered.

CASAC Executive Secretary, Lawson Naidoo says:

“The Commission has been in existence for two years now, and cannot be allowed to continue indefinitely. We welcome Judge Hughes’ decision, and urge the Deputy Chief Justice to continue and complete the important work of the Commission. Now that the Commission has a final deadline it can plan properly to hear further testimony to enable it to prepare its report and recommendations to the President for delivery at around this time next year.  Should the Deputy Chief Justice still not be able to complete his work by then, he is urged to exercise his discretion to refer any outstanding matters to other agencies to investigate and follow up.”