Gwede Mantashe Set to Face Bosasa Corruption Investigation

Mantashe is to be investigated for Bosasa alleged corruption. (Business Tech)

by Mathipa Phishego

The Gauteng High Court has dismissed Mineral Resources and Energy Minister Gwede Mantashe’s attempt to overturn the Zondo Commission’s findings that he should face a corruption investigation related to Bosasa-sponsored security upgrades at his properties.

Judge Evette Dippenaar ruled that Mantashe’s application was fatally flawed, as he failed to obtain the required consent from the President of the Supreme Court of Appeal (SCA) before instituting legal action against retired Chief Justice Raymond Zondo, who chaired the State Capture Inquiry.

“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,” Dippenaar said in her ruling delivered on Sunday.

She concluded, “this review application is thus a legal nullity. It follows that it must be dismissed.” Despite the setback, the court emphasised that Mantashe is not barred from pursuing his challenge provided he follows the correct legal procedure.

The Zondo Commission’s report found there was a reasonable prospect that further investigation could uncover a prima facie case of corruption against Mantashe, in terms of Section 3 of the Prevention and Combating of Corrupt Activities Act (PRECCA). The matter was referred for investigation.

Mantashe had argued that the commission’s finding unfairly tarnished his reputation, insisting that the inquiry itself had found no direct evidence of corruption or fraud against him.

Judge Dippenaar, however, made clear that procedural compliance is essential if the minister wishes to persist with his review. “The minister can still make his case he must simply follow the correct procedure,” she stated.