The Cost of Transparency: R1 Billion and No Consequences
The Zondo Commission report, though a detailed exposé on state capture, risks becoming nothing more than an expensive book, leaving South Africans with nothing more than empty promises.
With the national budget set to be tabled this week, political parties have proposed various solutions to South Africa’s fiscal woes. I, too, would like to offer an idea: declare the Zondo Commission as wasteful financial expenditure.
The Zondo Commission was designed to deliver justice for state capture, but without prosecutions, it risks becoming the most expensive book ever written—one that taxpayers funded while those responsible for looting the country continue to evade accountability. Over R1 billion was spent on an investigation that, in principle, championed transparency but, in practice, failed to deliver any tangible consequences. In a country already burdened by a limited tax base and a stretched R3 trillion budget, we cannot afford to dismiss R1 billion as a sunk cost. The government must either ensure prosecutions or recover the money because South Africans deserve more than another hollow exercise in accountability theatre.
Legally, the commission’s cost could be declared as wasteful expenditure under the Public Finance Management Act (PFMA), which mandates that state resources be used efficiently and in the public interest. When expenditure fails to meet its intended objectives, it can be classified as irregular or fruitless, triggering a process for recovery. The state could pursue civil claims against those implicated in state capture, using findings from the commission to seize assets and reclaim public funds. Should prosecutions remain stalled, Parliament must demand that funds allocated to corruption-related legal proceedings be redirected to sectors such as service delivery, education, and infrastructure—areas where every rand counts towards improving South Africans’ lives.
This issue is not just about the R1 billion spent; it’s about establishing a precedent for accountability. The Zondo Commission was meant to serve as South Africa’s reckoning with state capture—a moment of truth, consequences, and reform. Instead, it has become another government failure, compounded by the National Prosecuting Authority’s (NPA) inability to hold the perpetrators to account. The masterminds of state capture not only remain unpunished but, in some cases, have even returned to Parliament, continuing to influence the very system they once exploited. This is not merely governance failure; it is a betrayal. South Africans were promised justice. They deserve either prosecutions or financial restitution. Anything less is unacceptable.
The National Prosecuting Authority’s Inexcusable Failure
The greatest indictment of the post-Zondo era is the failure of the NPA. The commission did not just expose corruption; it provided a detailed blueprint for prosecution. Yet, years later, the architects of state capture remain free, and the NPA has failed to secure a single high-profile conviction. The root cause of this delay is not a lack of evidence, but the systemic failures within the NPA itself.
The NPA, constitutionally tasked with prosecuting on behalf of the state, was designed to function independently, free from political interference. However, this independence has been repeatedly undermined, turning what should be the nation’s strongest defence against corruption into one of its greatest weaknesses. Despite Advocate Shamila Batohi’s appointment as National Director of Public Prosecutions in 2018, the institution remains paralysed by inefficiency, dysfunction, and a leadership crisis.
The scale of the NPA’s failure is staggering. It is burdened with over 3,189 pending court cases and more than 8,000 ongoing investigations, many directly linked to state capture. Despite Batohi’s repeated calls for increased funding and specialised training, the institution continues to haemorrhage skilled professionals to the private sector, weakening its ability to deliver justice. Political interference further undermines its credibility.
Nowhere is the NPA’s failure more evident than in its inability to successfully prosecute high-profile state capture cases. The withdrawal of charges against former sports minister Zizi Kodwa and the collapse of the case against former Eskom CEO Matshela Koko due to “insufficient evidence” raise serious questions about both the competence and the commitment of the NPA. If the NPA cannot secure convictions in cases that have been meticulously investigated and publicly exposed, what hope is there for holding corrupt actors accountable?
The repercussions of the NPA’s failure extend far beyond the courtroom. Corruption has already cost South Africa billions, crippled essential services, and weakened state institutions. Transnet alone lost over R1 billion to fraudulent contracts. The greylisting by the Financial Action Task Force (FATF) is a direct consequence of weak financial oversight and failure to act against corruption, deterring foreign investment and worsening the economic crisis. Every failure to prosecute state capture figures is not just a legal failure—it is an economic and political disaster.
Justice delayed is justice denied. The NPA’s inaction is not just about addressing past wrongdoing; it is a warning for the future. If those responsible for state capture are not held accountable, what is to stop a new generation of corrupt officials from following the same path? The NPA must either be strengthened and reformed to fulfil its mandate or accept that its failures are pushing South Africa closer to institutional collapse. South Africans were promised accountability. That promise remains unfulfilled.
South Africans Deserve Better
The government’s duty is not to fail—it is to deliver results. That is what taxpayers pay for. Acknowledging that state capture was disastrous is insufficient; there must be consequences. South Africans cannot accept a government that persistently fails at its most fundamental task: enforcing the law. Either those implicated in state capture face prosecution, or the money spent on the commission is recovered and redirected to urgent needs. The current state of affairs—where billions are spent, promises are made, and nothing changes—is simply unacceptable.
Public funds are not theoretical; they come from the hard-earned money of South Africans who expect a return—whether in better services, economic investment, or, in this case, justice. If the government refuses to act on the commission’s findings, it must formally declare the expenditure wasteful and take steps to recover what it can. With a shrinking tax base and escalating crises in essential sectors, every rand must be accounted for. The choice is clear: deliver justice, or ensure the money is used to rebuild the country.
The time for patience is over. South Africans were promised justice. That promise must be honoured.