We are at a crucial moment in our democracy. While we still feel the sting of State Capture, the Zondo Commission—our most significant investigation into this crisis—is at risk of being undermined. If successful, the message will be clear: Individuals of great political power and low moral fiber may steal from the public without facing any consequences whatsoever. #UniteBehind is requesting to intervene in the legal proceedings to defend this report. We are the only organisation standing in defence of these findings.
The Collapse of the Commuter Rail System
State capture at any organ of the state undermines justice, equality and freedom for working-class people because it exacerbates inequality through the theft of enormous amounts of financial resources required for infrastructure, assets and services in our society.
Some of State Capture’s worst effects were felt by those who rely on the commuter rail system as an affordable, safe and reliable means of transportation. There has been great improvement in the Western Cape’s rail systems which are much safer and efficient compared to its most dire days in the mid 2010s. However, if you are not riding the Southern Line – which operates in Cape Town’s more affluent suburbs – you will be aware that many of the same problems still persist. Commuters who ride the Northern and Central lines are still dependent on trains that are late or don’t arrive at all. The Central Line of Cape Town, which serves the most vulnerable communities, still has 5 stations shut. This increases the transport costs for commuters from about R180 a month to R1500 p/m. These great increases in costs creates an unbearable burden to those who already earn so little.
State Capture and PRASA
Between 2009 and 2015, corruption and state capture severely impacted South Africa, leading to the collapse of PRASA. But what are its roots? There was (and still is) an absence of progressive economic policy that effectively redistributed wealth to the masses. At the same time, we saw the implementation of a form of “Black Economic Empowerment” in which white-owned corporations benefited a small political elite, creating a new class of Black (Black, Coloured & Indian) millionaires and billionaires, while the majority of the country remained impoverished. Within this political structure, this created a divide in the political sphere between the “haves” and the “have-nots”. The “have-not” group of politicians, bureaucrats and their business allies sought to use state-owned enterprises as a means to accumulate private wealth and to promote excessive managerial salaries and bonuses through nepotism, fraud, corruption and malfeasance. Nowhere was this more apparent than at PRASA.
Inspired by Thuli Madonsela’s Derailed Report in 2015 – which detailed mismanagement in almost every level of PRASA’s organisational structure – #UniteBehind began challenging corruption at PRASA in 2017. Several employees within Prasa wanted to speak out against what was going on. They assisted #UniteBehind in the gathering of forensic reports which detailed billions of rands in irregular expenditure, intimidation of whistleblowers, and the lack of accountability for those implicated. These documents, which would be known as PRASALeaks, implicated several Members of Parliament.
Why the Zondo Report Matters
In 2018, the Zondo Commission on State Capture was formed to investigate corruption in South Africa. PRASA was a major focus of the Commission’s hearings, research, and findings. The Commission revealed how PRASA’s top leaders, including Sfiso Buthelezi (Chairperson of the Board) and Lucky Montana (CEO), were alleged to have been involved in illegal contracts and deals that cost the agency billions of rands. The Commission also exposed how the misuse of these public funds contributed to the decline of South Africa’s rail system, which is vital for millions of South Africans. Even though #UniteBehind didn’t testify directly at the State Capture Commission, our work helped expose the truth and supported the Commission’s findings.
Over 4 years, the Zondo Commission meticulously gathered evidence and exposed widespread looting and mismanagement at PRASA. The commission revealed how a criminal network was involved in the capture of PRASA, with Sfiso Buthelezi and Lucky Montana at the helm. The Commission’s findings showed us how deep this virus had spread. Something needed to be done urgently if PRASA was to become healthy again. The commission recommended that disciplinary actions and further investigations take place.
Why this case is important
The Zondo Commision represents a step away from the era of looting and the destruction of basic services. It represents and addresses the needs for the people to be served by ethical and accountable politicians. Sfiso Buthelezi, Lucky Montana, Bridgette Gasa, Nkosinathi Khena, and Matebogo Nkoenyane are all challenging the findings of the commission. We believe that they are doing this for 2 reasons:
- As a stalling tactic to avoid being held accountable for what they have been implicated in.
- To discredit the the validity of the report and cast doubt over their involvement in state capture
If these politicians successfully overturn the findings of the State Capture commission, it means that they may never be held responsible for their alleged corruption and looting. This isn’t just a fight about PRASA—it is a fight for justice and the future of our public services. Corruption doesn’t just take money away from important projects—it destroys people’s lives.
Why #UniteBehind is applying to intervene
The Zondo Commission itself does not have the funds or the ability to defend its findings. This means that if nobody steps in, the case will automatically be set aside and the findings dropped. Seeing this, #UniteBehind has requested to intervene. In addition to #UniteBehind’s interest in holding PRASA accountable to the people it serves, we are also choosing to step in because the case itself sets an important precedent for the role civil society organisations play in holding public officials accountable through the law. We will not allow public officials to walk away from accountability. The interests of the people must be put first!
When trains stop running, the poor suffer. When public money is stolen, schools and hospitals go without. We cannot afford to let these corrupt individuals get away with their actions. #UniteBehind is dedicated to exposing corruption and ensuring good governance. Our organisation has played a crucial role in bringing to light the corruption at PRASA through various initiatives, most notably the PrasaLeaks project. It is in this spirit that we continue this fight to #FixOurTrains and #FixTheState.