End State Capture and #FixTheState

Corruption and State Capture

We intend to root out corruption in government and business.

In mid-2022, the State Capture Commission of Inquiry produced a report detailing the pervasion of corruption, malfeasance and maladministration in our government, state-owned entities and public institutions. It was clear that our state has well and truly been captured. To date, next-to-nothing has been done to hold those responsible for state capture accountable.

#UniteBehind has initiated several actions to combat state capture. Some of these are still in-process and cannot strategically be made public, yet. Our public campaigns to ensure accountability are detailed, below.

 

Visit the State Capture Commission of Inquiry’s reports on its website.

#UniteBehind’s activities combatting state capture have focused on two failing state-owned entities: PRASA and Eskom. These entities’ services – trains and electricity – affect the poor and working class more than affluent South Africans.

COMPLAINT TO PARLIAMENT

In September 2022, #UniteBehind laid a complaint against six Members of Parliament (MPs) with Parliament’s Ethics Committee. We alleged that these six MPs had contravened Parliament’s Code of Ethics. The six MPs were Sfiso Buthelezi, Dikeledi Magadzi, Dipuo Peters, Joe Maswanganyi, Mosebenzi Zwane, Fikile Mbalula.

 

From reviewing the State Capture Commission of Inquiry, other investigations, and their actions, we believe these MPs directly contributed to state capture at PRASA.

Read our complaint, here.

 

In April 2023, seven months after our complaint was lodged, we had still not received sufficient updates or information on our complaint. We launched a court application against Parliament for failing to deal with the matter. We also challenged the constitutionality of Parliament’s Code of Ethics, which keeps the workings of the Ethics’ Committee secret. Complaints submitted against MPs elected by the people should be made public!

 

Read this news report on the matter.

 

On the day that our court papers were submitted, the Ethics Committee responded to say that they had dismissed our complaints against four of the six MPs, for spurious reasons. We are challenging these complaints in court, as well.

JUDGE MAKHUBELE JUDICIAL CONDUCT TRIBUNAL

In December 2018, #UniteBehind laid a complaint with the Judicial Services Commission (JSC) against Judge Makhubele. She is implicated in gross misconduct relating to 1) allegedly holding a dual status as a Judge and as Chair of the PRASA Board of Control and 2) actions she took to allegedly undermine PRASA, furthering corruption at the institution.

 

#UniteBehind alleges that, while she was Chair of the PRASA Board, Judge Makhubele hamstrung PRASA’s legal services departments, rendering it inoperable. Further, she attempted to circumvent legal advice from the department and PRASA’s attorneys of record (at the time) by trying to force a settlement agreement with Siyaya DB Consulting Engineers (Siyaya).

 

In 2020, #UniteBehind’s complaint to the JSC was referred to the Judicial Conduct Committee, who found that there was a prima facie case of gross misconduct against Judge Makhubele. The Committee referred the complaint to the Judicial Conduct Tribunal, who will make a final ruling on the matter. In October 2020, Judge Makhubele appeared before the Zondo Commission to account for her alleged misconduct. Thereafter, President Ramaphosa suspended Judge Makhubele pending the outcome of the Tribunal.

 

The Tribunal is currently ongoing, with extensive evidence being brought against Judge Makhubele. Once the Tribunal hearings are completed, it panel will make a recommendation – whether Judge Makhubele is guilty of misconduct or not – to the JSC. The JSC will then make a finding based on the recommendation. If Judge Makhubele is found guilty of gross misconduct, the National Assembly will be called upon to vote on her impeachment. There is still a long way to go, but the merits of the matter will mostly be heard in the next two weeks.

 

The Tribunal is vital for preserving the integrity and health of our judiciary. We must demand the highest standard of ethical conduct from judicial officers. Any conduct that falls below that must bar judges from office.

 

Read the Judges Matter summary of the Tribunal, here.

Our Goals

  • To resist every step of the way the parasitic network, in the state and business looting our economy
  • To educate and mobilise people throughout our communities on the impact of State Capture
  • To assist others in the restoration of the credibility, independence and capability of the criminal justice system.

How can I get involved?

Volunteer

Show your support on the ground. Attend a protest action. Sign up to volunteer with us or our partners!

 

Donate

We need all the help we can get. If you can’t make it to one of our events, please make a small donation. Every cent counts and with it we can make a real difference to society.