While it is mildly encouraging that the ANC’s leadership is prepared to put a handful of its leading members on the carpet before its toothless internal integrity commission, it needs to be noted that at least 97 members of the ANC received a dishonourable mention in the 2022 report of the Zondo state capture commission.

It was announced at the ANC’s Nasrec conference in December 2022 that all 97 would be investigated by the party. Dudu Myeni, who was put to the sword by the Organisation Undoing Tax Abuse (Outa), has since died, leaving 96 still awaiting being held to account by the ANC.

The criminal justice administration has also faltered when it comes to investigating and prosecuting ANC bigwigs. Of the surviving 96 only Vincent Smith (for ever so long) and Zizi Kodwa are facing the wrath of the prosecutors in criminal proceedings.

The rest sail on calmly in a sea of impunity. Some of them are still in high office.

The renewal of the ANC cannot be started until the entire cast of ANC characters named by Zondo has been properly held to account. Should the National Prosecuting Authority decide not to prosecute any of them, it should say why, in the interests of maintaining its own accountability. It should also be mindful that the constitution requires it to act “diligently and without delay” in performing its functions.

Delaying going after obviously crooked political bigwigs signals a failure to act without fear, favour or prejudice.

It must be obvious to those in the government of national unity who are committed to the rule of law that radical reform of the criminal justice system to bring it into line with the binding findings of the Constitutional Court in the Glenister litigation is urgently needed.

The reform will enable “effective and efficient” prosecutions of the corrupt to become the order of the day, not the current isolated islands in that sea of impunity.

Paul Hoffman
Director, Accountability Now