By Lehlohonolo Lehana.
The Gauteng High Court dismissed Gwede Mantashe’s bid to prove that Commission of State Capture had acted beyond its mandate when it recommended that he be investigated for corruption at Bosasa.
Mantashe lodged a legal review application asking the court to set aside the commission’s recommendations.
He argued that the recommendation for him to be investigated is beyond the scope of the commission, as its terms of reference were to probe corruption committed by those holding public office.
In an affidavit, he disputed the extensive findings of the inquiry. Mantashe disputes the evidence given to the commission by former Bosasa chief operating officer Angelo Agrizzi, saying that he had never met him and that his evidence was completely untrue.
Mantashe also argued that this finding had affected his reputation and good name by suggesting he may have been involved in acts of corruption.
However Judge Evette Dippenaar dismissed his case on technical grounds on Sunday.
Mantashe’s legal team failed to obtain consent of the Supreme Court of Appeal (SCA) president before instituting legal action against retired Chief Justice Raymond Zondo.
“Consent must be granted before the proceedings are instituted. It is clear that if consent is not sought and granted before the institution of the proceedings, they are fatally defective and stand to be dismissed on that ground alone,” Judge Dippenaar states in her ruling.
She emphasised that consent is peremptory and must precede proceedings, with no room for condonation. The judge noted no dispute that consent should come from the SCA President, given Zondo’s status as former Chief Justice.
Dippenaar rejected Mantashe’s distinction between Zondo’s judicial and commission roles, stating chairing the inquiry fell under judicial functions per statutory definitions. She highlighted the purpose of section 47: to shield judges from frivolous suits and uphold the separation of powers and rule of law. The judgment clarified this is procedural protection, not absolute immunity – Mantashe could reapply after seeking consent.
Mantashe was ordered to pay costs, including those of two counsel on scale C, reflecting the case’s complexity.
In March 2022, the State Capture Commission released its third report, which implicated Mantashe in corrupt dealings with Bosasa.
The report stated that Bosasa installed security upgrades at Mantashe’s properties while he served as ANC secretary-general.
The commission concluded that there was a “reasonable prospect” of uncovering a prima facie case against Mantashe for corruption and referred the matter for further investigation.
Mantashe has consistently denied any wrongdoing, asserting that he did not solicit or accept bribes.
President Cyril Ramaphosa confirmed that Mantashe, Minister of Petroleum and Mineral Resources, remains in his executive position despite the State Capture Commission’s recommendation that he be investigated.