
Hawks present state capture progress – MPs question token convictions and Gupta extradition failures
The Hawks have delivered a progress report on State Capture to Parliament that details arrests and how thousands of statements have been obtained. But MPs are unimpressed, saying the report pales in comparison with the corruption that gutted South Africa.
Thousands of statements have been obtained in the State Capture case, and dozens of arrests have been carried out.
This emerged in Parliament on Wednesday, 21 May 2025, during a police committee meeting.
As part of the meeting, the Hawks outlined a presentation on progress regarding State Capture matters.
These issues, revolving around corruption in state-owned entities, surged when Jacob Zuma was president of South Africa between 2009 and 2018.
During his final year as president, Zuma established the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, known as the State Capture commission.
It ran from 2018 and in 2022 reports relating to it were handed over to President Cyril Ramaphosa.
Thousands of statements
The Hawks' presentation, aimed at highlighting responses to recommendations from the State Capture commission, showed it was dealing with 35 dockets or inquiries.
Of those, 23 inquiries and five cases were under investigation, two matters were pending based on decisions that the National Prosecuting Authority (NPA) needed to make, and four cases were on court rolls.
A total of seven cases had been finalised, with four of those culminating in guilty findings.
The Hawks' presentation noted about 38 arrests and showed that more than 2,800 statements had collectively been obtained in different cases.
For example, when it came to the Department of Human Settlements in the Free State, 1,229 statements had been obtained.
As for the Passenger Rail Agency of South Africa, 889 statements were obtained.
Case closed
The presentation also outlined finalised cases.
One centred on former South African Airways chair Dudu Myeni, who died last year, and who in 2022 pleaded guilty to an obstruction of justice charge for naming a protected witness during the State Capture commission.
She was fined R120,000 or would have had to spend two years in prison, of which a year had been suspended for five years.
The Hawks' presentation showed that officers were working with the Investigating Directorate Against Corruption (Idac), an independent unit in the NPA.
Despite the inroads into State Capture that the presentation outlined, MPs reacting to it on Wednesday expressed dissatisfaction.
'Not encouraging at all'
Rise Mzansi's Makashule Gana said: 'I look at the number of cases… and I'm like, alright, is this it?
Referring to a specific slide in the presentation, which he viewed as a summary of the overall situation, he added: 'Is this it from the State Capture investigations?
'All the millions and billions that were spent on this particular [State Capture] commission, is this it?'
Gana said that it appeared that 'runners' and not the 'masterminds' of State Capture were facing legal action.
'The masterminds are not here… These numbers are not encouraging. I must say, they are not encouraging at all,' he said.
'Everything about this whole thing is just depressing.'
The DA's Lisa Schickerling also felt the report was 'lacking'.
'Very little information has been supplied to us in terms of what is actually going on.'
Schickerling pointed out that there had been 'a decade of systemic looting' in South Africa, and yet 35 dockets were under Hawks review.
'Are we being placated with token convictions?' she asked, adding that it was a 'paltry return' nearly three years after the State Capture commission reports were released.
Where are the Guptas?
Schickerling also asked what the 'big game' was and why the extradition of the Gupta brothers, whose names were linked to key State Capture accusations, had failed.
Rajesh and Atul Gupta are wanted in South Africa in connection with State Capture crimes, including fraud and money laundering.
In 2022, they were arrested in Dubai in the United Arab Emirates. The following year, they managed to avoid extradition to South Africa.
During Wednesday's police committee meeting, Schickerling wanted to know exactly why their extradition had failed and what was being done to 'fix' the situation.
She said the Guptas had previously made news headlines, but now 'it's almost as if the Gupta name has been swept under the carpet'.
The bigger picture
National Hawks head Godfrey Lebeya assured MPs that what was contained in the report on State Capture progress was not a full picture.
He said the Hawks were dealing with only a portion of cases, while the Idac was dealing with 'the bigger volume'.
'If we were to be presenting with the Idac, you [would] see the bigger picture,' he said.
Lebeya emphasised the Hawks were referring only to a portion of cases.
He said in terms of State Capture 'runners' versus 'masterminds,' some individuals charged were heads of departments and directors.
Lebeya did not view them as 'runners'.
He later said: 'We do not discriminate the level of the suspect, whether they are ordinary administrators or whether they're senior officers in the government… or in the political space.'
In terms of the Guptas, Lebeya did not provide details on what was happening with their extradition.
Lebeya reiterated that the Hawks focused on securing the attendance of an accused person in court. DM

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles

IOL News
an hour ago
- IOL News
Wrongful arrest at King Shaka International Airport: State to fork out R580k in damages
A woman who was unlawfully incarcerated for 10 days under harrowing circumstances, must receive R580,000 in damages from the police, the Supreme Court of Appeal ruled. Image: File The treatment meted out to a woman arrested at King Shaka International Airport on vague suggestions that she may be involved in fraud, and her subsequent 10 nightmare days in custody amounted to horrific suffering. This is according to the Supreme Court of Appeal in awarding her R580,000 in damages. Cynthia Khedama earlier won her case in the KwaZulu Natal High Court against the police. She was initially awarded R580,000 in damages, but on appeal before a full bench of the court the amount was reduced to R350,000. Khedama appealed before the SCA against the reduced amount. She initially claimed R1 million in damages from the police. The SCA, in upholding the appeal, commented that in considering the treatment and conditions which prevailed in almost all places where she was detained, she rightfully must have thought that it would be better for her to rather die. 'The cruelty displayed by the police towards her leaves one with no room to imagine that the police thought that they were still dealing with a fellow human being. The treatment meted out to her was so harsh that one would perhaps be justified to think this was an effort to enable the appellant to be so frustrated as to rather take her life…It was even forgotten that she belonged to the human race,' the court remarked. Khedama was arrested in December 2011 while she was on route to Turkey for a business visit, alongside her employer. Two police officers approached her, and she was led to a room at the airport where she was questioned. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ She was asked where she was going to and whether she had any fraud matters pending. She was accused of being associated with a 'kwerekwere' - a derogatory term for a foreign national - as her boyfriend was from Cameroon. The officials demanded her suitcase to check whether she was carrying drugs. Although no incriminating items could be found on her, she was arrested. Khedama's explanation to the police that her ID document had been stolen and that she did report to the SAPS that the perpetrators were using her document, fell on deaf ears. This was the start of her nightmare ordeal, as her hands were cuffed behind her back and she was taken to the police station. She was placed in a small cell, which was dirty with faeces and smelled terribly. She had no blanket with which to cover herself. She described how breakfast, bread and tea were thrown through a hole in the door. Khedama testified that she was so distressed that she thought of taking her own life. A few days later she was told she was being transported to Cape Town. On the way, at Mthatha in the Eastern Cape, she was detained in a filthy police cell overnight in a leaking cell while it was raining. She spent the whole night crying.

IOL News
3 hours ago
- IOL News
NPA's Leadership Crisis: Eroding Legal Integrity in Favour of Political Expediency
Calls intensify for National Director of Public Prosecutions Shamila Batohi's removal as the NPA faces accusations of incompetence and strategic missteps in the wake of a deepening crisis in the criminal justice system. Image: Henk Kruger/ Independent Newspapers Clyde N.S. Ramalaine On 3 June 2025, the Free State High Court in Bloemfontein ruled that the extradition of Moroadi Cholota from the United States to South Africa was unlawful. This landmark judgment has not only released the state's key figure in the high-profile R255 million asbestos corruption case but also cleared the way for the prosecution of others involved. Still, it has also exposed deep procedural and constitutional failings within South Africa's prosecutorial regime. Her unlawful extradition from the United States and subsequent release by the Free State High Court reveal more than just procedural oversight, they expose systemic dysfunction, a repurposing of primary objectives of the NPA as articulated in its strategic ethos within the National Prosecuting Authority (NPA) and unravels the credibility of South Africa's anti-corruption drive. The Ruling A Blow to Prosecutorial Credibility Presiding over the matter, Judge Phillip Loubser was unequivocal: "The prosecution has not found reasonable doubt, or at all, that there was a valid or lawful request from South Africa for the extradition of Ms Cholota from the United States. It follows that if there was no valid extradition request, then the extradition itself was without any basis and, therefore, unlawful." The National Prosecuting Authority's (NPA) failure to adhere to the legally mandated process in the extradition request of Moroadi Cholota reveals not merely a procedural blunder, but an institutional failing. By initiating the extradition request instead of the Minister of Justice and Correctional Services, as explicitly required by law, the NPA not only invalidated its case but compromised the integrity of South Africa's justice system on the international stage. The NPA will contend that this is not the first time it has led to extradition cases and that this is the first instance in which a case has been registered in this regard. It will furthermore argue that it is appealing the Schultz case, which constitutes a legal precedent. Notwithstanding this counter, the NPA cannot deny that this deviation from legal protocol suggests either gross incompetence or a willful disregard for constitutional processes, raising serious ethical questions about accountability within the NPA. Moreover, by allegedly providing misleading or incomplete information to U.S. authorities, the South African state stands accused of deception — a charge that, if substantiated, undermines its moral authority and diplomatic credibility, and reveals a prosecutorial body more concerned with performance politics than with the pursuit of justice. The unlawful handling of Cholota's extradition reflects a disturbing pattern in which the state weaponises legal instruments while bypassing constitutional safeguards. This erosion of legal integrity in favour of political expediency suggests the NPA, whether by design or acquiescence, has become a tool in internal power struggles rather than a guardian of justice. In failing to uphold the rule of law and misleading an international partner in the process, the NPA exposes a justice system teetering between institutional collapse and captured governance. The court's ruling on the lack of jurisdiction underscores a foundational pillar of constitutional and international law, that the legitimacy of a trial is inseparable from the legality of the accused's presence before the court. In Moroadi Cholota's case, the unlawful initiation of the extradition process rendered her transfer to South Africa constitutionally defective, thereby stripping the court of jurisdiction to try her. Any attempt to prosecute her under such conditions would not only violate Section 35 of the Constitution, which guarantees fair trial rights and due process but also contravene international legal norms governing extradition and state sovereignty. This ruling affirms that procedural integrity is not merely a technicality, but a substantive requirement of justice; the state cannot bypass lawful channels to secure an accused and still claim the authority to prosecute. To do so would be to legitimise executive overreach, dismantle legal safeguards, and invite the erosion of the rule of law under the guise of criminal justice. Moroadi Cholota giving evidence at the Commission of Inquiry into State Capture. Last week the Bloemfontein High Court ruled that her extradition from the United States was unlawful. Image: Independent Newspapers archive Systemic Indictment of the NPA The judgment handed down by the Free State High Court should not be read in isolation; it must be understood as a judicial demand for accountability, procedural discipline, and institutional humility. The NPA's failed prosecution of Ms Moroadi Cholota is, regrettably, not an isolated mishap. In a 2023 article co-authored with Paul M. Ngobeni (available at: " we called for the NPA leadership to be held accountable as we critically examined eight high-profile cases pursued by the NPA under the rubric of its 'state capture' prosecutions. Our analysis revealed a pattern of endemic institutional failures, particularly under the leadership of the current National Director of Public Prosecutions, Advocate Shamila Batohi. Among the most pressing concerns were the following: Politicisation of Prosecutions The NPA's alignment with factional battles in the ANC undermines its credibility. Its selective use of the Zondo Commission's findings, non-binding and inadmissible in court, has raised alarms about the weaponisation of commissions of inquiry to serve political ends. Strategic Misuse of Evidence The collapse of cases like the Estina Dairy Farm prosecution revealed the dangers of substituting public rhetoric for admissible evidence. The NPA has repeatedly stumbled in converting politically sensational findings into courtroom success. Selective Disclosure and Narrative Framing The NPA has routinely withheld countervailing evidence, especially in asset forfeiture cases such as Optimum Coal, to curate a prosecutorial narrative while undermining procedural fairness. Civil society organisations such as Freedom Under Law and Corruption Watch have raised repeated concerns about this trend. Institutional Inefficiencies Structural deficiencies, ranging from poor leadership and resource mismanagement to political interference, continue to plague the NPA's capacity to lead credible prosecutions. These points not only relate to individual accountability but also to the need for institutional redesign. The location of the NPA under executive control remains a structural vulnerability. Lack of Accountability and Transparency The NPA has consistently deflected public criticism, painting itself as the victim of attacks rather than accepting legitimate concerns about its performance. This erodes public confidence and corrodes prosecutorial independence. Calls for an independent oversight body to scrutinise prosecutorial decisions have gained renewed urgency. NPA's Compulsive Overreliance on Appeals – Default Mechanism As expected, the NPA informed South Africa that it intends to appeal the court's findings. While the doctrine of appeal is a constitutional provision, it is important to appreciate the context and primary intentions of the state in pursuing such an appeal. A fundamental yet under-examined pathology within the National Prosecuting Authority (NPA) is its compulsive reliance on appeals, not as a last resort for justice, but as a default mechanism to shield prosecutorial ineptitude. At the heart of this phenomenon lies a psychology unmoored from accountability: senior prosecutors and executive leadership pursue prolonged legal contests not at their own personal or professional expense, but through the seemingly bottomless reservoir of the public fiscus. This distance between institutional action and individual consequence fosters a culture of indifference towards both fiscal prudence and judicial efficacy. The decision to appeal, often against the weight of legal reasoning and precedent, is thus less a matter of legal necessity than a strategic deflection—an effort to postpone institutional reckoning, preserve internal reputations, and obscure prosecutorial failures. There appears to be little regard for the economic burden imposed on the state, the rights of the accused whose lives are held in indefinite legal limbo, or the broader erosion of public trust in the justice system. In the Cholota case, this is strikingly evident: despite the court's scathing findings, the NPA has signalled its intention to appeal, oblivious to the potential litigation costs should the state be sued for unlawful detention or rights infringements. This illustrates a prosecutorial psychology that prioritises institutional face-saving over constitutional integrity, emboldened by the knowledge that the price of legal misadventure will not be borne by those who authorise it. In the final analysis, the National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, can no longer be exempt from the dismal performance of the NPA. She, together with her senior executive team, must be held accountable for the institution's persistent failures, including the frivolous pursuit of appeals and plausible wasteful expenditure incurred in cases that consistently collapse in court.

IOL News
4 hours ago
- IOL News
Modack to be sentenced next month
UNDER FIRE: Alleged kingpin Nafiz Modack Image: File Alleged underworld crime boss Nafiz Modack was found guilty of corruption charges at the Cape Town Regional court on Friday. The case was postponed to July 8 for Modack to be sentenced. The conviction comes in the wake of a sentence that was handed down to former top cop Brigadier Kolindren Govender after he entered into a plea agreement with the State after he admitted that he had a corrupt relationship with Modack. Hawks spokesperson Warrant Officer Zinzi Hani said: 'It was reported that during November 2011, Modack acted with a common purpose by paying gratification in a total amount of R146 000 to Govender in return for special treatment. 'He was also convicted of defeating the ends of justice by preventing his colleagues from performing their duties' Subsequently, Govender also admitted that during December 2012 he intervened and stopped the recovery by police of a Mercedes Benz. In doing so he prevented cooperation between an officer from the SAPS Paarl Vehicle Identification Section and the investigating officer in the matter based at the Cape Town Central police station. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading Hani added: 'As a result of Govender's action the Mercedes Benz was not seized.' 'The former top cop Kolindren Govender pleaded guilty to 51 charges of corruption that relate to a corrupt relationship he had with alleged underworld figure Nafiz Modack. "Govender was handed five-years imprisonment of which four and a half years were suspended, on condition that he was not convicted of corruption.' The court ordered that the sentence would run concurrently with the six-year sentence that was handed down on a different matter. Meanwhile, the alleged underworld figure faces over 100 charges alongside fourteen other accused in the Charl Kinnear murder trial which has been placed on hold until October. Former Anti-Gang Unit detective top cop Kinnear was gunned down outside of his house in Bishop Lavis in September 2020. Modack has two other pending matters including the 'Tax Matter' where he was arrested by the Hawks in 2020 accused of defrauding SARS out of R46 million. His other matter at a High Court in Gauteng sees Modack facing firearm-related charges. Cape Times