“Any attack on … the Commission is clearly of constitutional importance”
— Acting-Judge Stylianou

18 june 2025

On 17 June 2025, the Gauteng High Court in Johannesburg ruled in favour of #UniteBehind, granting us admission as a party to the case brought by former Passenger Rail Agency of South Africa (PRASA) board members and executives, Sfiso Buthelezi and Lucky Montana, against the Judicial Commission of Inquiry into State Capture. Our intervention aims to defend the Commission’s findings and present additional evidence and arguments, something we could not have done as mere “friends of the court.”

Sfiso Buthelezi, Lucky Montana and their fellows must be held accountable

Sfiso Buthelezi (former PRASA board chair) and Lucky Montana (former PRASA Group CEO, now MK Member of Parliament) were central to the looting and collapse of South Africa’s commuter rail service. Billions of Rands were lost while trains became unsafe and unusable, devastating the lives of working-class commuters. These acts, protected by the Zuma administration, are detailed in reports by the Public Protector, Auditor-General, Special Investigating Unit (SIU), and the State Capture Commission.

The ruling is a blow to Buthelezi and Montana, who attempted to block our participation. It follows a separate application by the South African Revenue Service (SARS) to seize Montana’s assets over R40 million in unpaid taxes.

Court Confirms Constitutional Importance

Acting-Judge Stylianou found that #UniteBehind has acted with good faith and in the public interest to defend constitutional norms in a matter of constitutional importance based on our track record in the campaign to #FixOurTrains. Acting-Judge Stylianou held that #UniteBehind’s intervention defends the constitutional rights to dignity, safety, transport, education, and employment, and that our long-standing work on PRASA accountability (including testimony to the Commission, litigation, and parliamentary complaints) demonstrates a formidable track record.

Stylianou found that:
“#UniteBehind maintains that corruption, state capture and the misappropriation of public funds at PRASA materially hampers the ability of the public to use PRASA’s trains.
This is obviously of constitutional significance.
Furthermore, and significantly, the review is sought against the Commission which was tasked with the serious business of enquiring into corruption, fraud and state capture.
Any attack on the process of the Commission is clearly of constitutional importance.”

Next Steps

We will now join Open Secrets in legal action against the Directorate of Priority Crimes Investigation (Hawks) and the National Prosecuting Authority (NPA) to demand overdue prosecutions of Buthelezi, Montana, and others implicated in PRASA corruption.

We won the case with costs awarded against Buthelezi, Montana, and others.

Thank you to our legal team:
Advocates Michael Bishop and Ben Prinsloo, and attorneys Mandla Mogola and Rui Lopes of Lopes Attorneys.

For comment:
Zukiswa Vuka, Executive Director of #UniteBehind
+27 (0)65 822 5862