Memorandum of demands delivered by the South African Communist Party in Gauteng province to the Judicial Commission of Enquiry Into State Capture on the 24th August 2018, Johannesburg
24 August 2018
We, the members of the South African Communist Party (SACP ) in Gauteng Province, appreciating that the SACP was the first and consistently the only organisation that called for the establishment of the Judicial Commission of Inquiry on Corporate Capture of the State.
Further appreciating the fact that the then Public Protector, Advocate Thuli Madonsela came to the same conclusion, and called for the establishment of what is now known as the Judicial Commission of Inquiry on State Capture in her report entitled State of Capture.
We welcome and extol the fact that the Judicial Commission of Enquiry on State Capture has commenced with its work, and therefore present the following list of demands for your urgent, prompt and swift response:
1) Investigate corporate capture of the State without fear or favour and without prejudice.
We appeal to your oath of office, moral and ethical conscience to uphold the fundamental values in our country's constitution and to act within the profound principle of the rule of law to conduct the investigation. We are fully aware of the real dangers of intimidation, threats and untold pressure that you may face, including those of corporate capture of the Commission itself. We however call on all of you, as highly respected and trusted Commissioners, to conduct the investigation without fear, favour or prejudice and with utmost integrity.
2) Defend the sovereignty of our country, its economy and the working class and the poor.
As fellow citizens of our country, we believe that you have a rare opportunity and are placed in a privileged position to make your contribution to protect, defend and advance our constitutional democracy, our economy and national sovereignty.
Our democracy did not come cheap, and therefore may not be sold to the highest bidder. Our economy is exposed to high risks in international financial markets, and therefore effective and efficient governance of its state organs and state owned enterprises is critical to its growth, job creation, complete eradication of poverty and inequalities.
We therefore call on you to defend our democracy, it is the highly vulnerable people, the working class and poor who depend on the state and its organs for a better quality of life. Your work stands between defense of our country and its liquidation as a sovereign democratic state.
3) Defend sound and good governance of our state institutions, especially State Owned Institutions (SOE's).
We call and appeal to your conscience to ensure a deeper, robust, frank and thorough investigation that will deter and send a clear message to corrupt elements, and provide a solid and sustainable basis for sound and good governance of our state organs and SOE's. This we believe your investigation, if conducted in good faith and with good intentions, can certainly achieve.
We believe that our state organs, and in particular State Owned Enterprises constitute the key pillars upon which stands our hard-won democracy. These institutions employ many of our people, provide critical and strategic services, impact various sectors of the economy, and therefore their management, governance and full compliance with the laws of our country is critical.
We therefore urge you to send a clear message that our SOE's and entities are not playgrounds for corrupt and morally bankrupt looters and thieves.
4) Dismantle the parasitic network of corporate capture of the state, corruption, looting and maladministration.
We urge you as investigators to leave no stone unturned to unearth, uproot and dismantle deep seated parasitic networks that are still lingering within organs of the democratic government and SOE's.
We believe that your investigation has a great potential to empower the work of law enforcement agencies and the judiciary to finally bring to book, hold accountable and clear our state organs and SOE's of any doggy, corrupt and looting thieves in state institutions.
We therefore call on you to be professional and clinical in your work and not to sabotage the work of law enforcement and judicial agencies to enforce the rule of law. We are aware of allegations that criminal cases are sometimes deliberately and consciously corrupted to ensure that they never come before a court of law. This is apparently done to ensure that if finally they do, they are immediately thrown out of court for reasons that were clearly pre-determined and planned to undermine the profound principle of the rule of law. We hope this will not happen.
5) Complete the investigation within a reasonable time and save taxpayers limited financial resources that are desperately required for service delivery and social security for the working class and the poor.
We deliver this memorandum of demands based on the high level of trust and confidence our people have placed on you and the expectation that you will not fail them.
We have every reason to believe that you will uphold the highest level of moral, ethical and honest leadership in line with your oath of office in discharging your obligations.
We therefore appeal to your moral consciousness as citizens of our beloved country, and hope you will take advantage of the privilege you have, to save our country, its people and the economy.
We will continue until completion of your work to stage pickets and further protests to act as the vanguard of our constitutional democracy, the country's sovereignty and better quality of life through economic growth to fight poverty, inequality and unemployment.
We will appreciate your response within the next 14 days.
In you we trust, you dare not fail us.
Issued by the SACP Gauteng Province
Jacob Mamabolo - SACP Gauteng Provincial Secretary
Mobile: 082 884 1868