STATE CAPTURE COMMISSION RECOMMENDATIONS IMPLEMENTING CONFERENCE REPORT

This report summarizes a two-day conference held in October 2023 by the Public Affairs Research Institute (PARI) and the Council for the Advancement of the South African Constitution (CASAC). The event focused on the implementation of recommendations from the Judicial Commission of Inquiry into Allegations of State Capture (the Zondo Commission) to hold perpetrators accountable and reform state institutions to prevent future state capture in South Africa.

• Chief Justice Raymond Zondo expressed concern that the 2023 Public Procurement Bill does not include the Commission's most important recommendation: the establishment of an anti-corruption agency specifically focused on public procurement.
• The Presidency reports that 38 of the 193 recommendations for criminal investigation are currently in court, and the Asset Forfeiture Unit is actively pursuing 'state capture-type crimes'.
• Parliament is criticized for failing to act with sufficient urgency on the State Capture Report, with specific failures noted in the lack of quarterly reports on implementation progress that were expected since June 2022.
• The Special Investigating Unit (SIU) reports that approximately 90 per cent of its investigations relate to public procurement, with the China South Rail agreement at Transnet accounting for the largest misappropriated sums currently under investigation.
• The National Prosecuting Authority (NPA) Investigating Directorate requires permanent status to effectively address the link between organised crime and organised corruption, and the NPA is seeking a 'fast lane' or dedicated courts for state capture prosecutions.
• Experts argue that corporate accountability must move beyond criminal prosecution to include the urgent recovery of extensive damages from companies that profited from looting, rather than just the repayment of earned fees.
• The National Anti-corruption Advisory Council (NACAC) advocates for a comprehensive approach to corruption that includes 'influence markets' and institutional corruption, noting that a purely punitive legal model is insufficient.
• The 2023 Public Procurement Bill is viewed as a step forward but is criticized for lacking provisions for incentivised whistleblowing and for placing the Public Procurement Office within the National Treasury rather than making it independent.
• Analysis of State-Owned Enterprises (SOEs) suggests that their collapse is rooted in deep structural problems—specifically the failed attempt to run public companies as private ones—rather than being caused solely by state capture.
• Current whistleblower protections are described as complex and confusing; recommendations include consolidating legislation and implementing a reward system where whistleblowers receive a percentage of recovered funds.

APA

Public Affairs Research Institute (2023). STATE CAPTURE COMMISSION RECOMMENDATIONS IMPLEMENTING CONFERENCE REPORT. https://pari.org.za/wp-content/uploads/2023/11/ZondoCon-report28-11-23.pdf

Chicago

Public Affairs Research Institute. STATE CAPTURE COMMISSION RECOMMENDATIONS IMPLEMENTING CONFERENCE REPORT. 2023. https://pari.org.za/wp-content/uploads/2023/11/ZondoCon-report28-11-23.pdf.

Wikipedia

{{cite report |author=Public Affairs Research Institute |title=STATE CAPTURE COMMISSION RECOMMENDATIONS IMPLEMENTING CONFERENCE REPORT |date=2023 |url=https://pari.org.za/wp-content/uploads/2023/11/ZondoCon-report28-11-23.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{publicaffairsresearchinstitute2023state, author = {{Public Affairs Research Institute}}, title = {{STATE CAPTURE COMMISSION RECOMMENDATIONS IMPLEMENTING CONFERENCE REPORT}}, institution = {Public Affairs Research Institute}, year = {2023}, url = {https://pari.org.za/wp-content/uploads/2023/11/ZondoCon-report28-11-23.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }