Economic crime tribunal targets Eskom and nuclear deal

The People’s Tribunal on Economic Crime (PTEC) – officially launched last week – will focus on a number of state capture investigations involving state-owned entities next year, including looking into Eskom and the nuclear deal.

Spokesperson for the PTEC, Michael Marchant, told FTW that corruption was seen as a primary stumbling block to economic growth and to achieving socio-economic justice.

The tribunal hearings have been organised by a number of civil society organisations and members of the public can submit evidence that will be examined by an independent panel of activists and legal experts.

“There are obvious constraints to the tribunals as they cannot impose any form of legal punishment should the outcome of the hearings determine that a crime has been committed, but a written report will be submitted to the public,” he said.

Marchant added that the Secretariat for the PTEC – Open Secrets – hoped to use the findings of the report as a springboard to launch a formal inquiry. “And we will strongly advocate for that.”

He explained that the PTEC hoped to stimulate “informed public debate” and engagement over corruption in the private and public sector and correctly identify all actors in the public and private sector who had been complicit in acts of corruption or economic crime.

“Full transparency is the only way the process can work,” said Marchant but noted that in the case of whistle blowers – which could be risky for those giving evidence – private interviews would be arranged and documentation submitted as evidence at the hearings.

“Of course, all information supplied will have to be independently investigated and verified,” he said.

The tribunal’s first public hearings – running from 8-12 November – are focused on the arms trade across three eras, including the Apartheid era between 1977 and 1994, and alleged breaches of South African and international law in the process of the 1999 arms deal, as well as current allegations of state capture as they relate to state-owned defence company, Denel.

"We believe there are distinct links between past economic crimes by government leaders, state-owned companies and private individuals which have led to what we see as ‘state capture’ today. For example, we believe president Zuma’s link to the Guptas started with him trying to avoid charges around the 1999 arms deal,” Marchant said.

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Full transparency is the only way the process can work. – Michael Marchant