The independent non-executive chairperson of Gupta-linked Trillian Capital Partners announced he is stepping down next month.
Tokyo Sexwale says he backs former public protector Thuli Madonsela’s call for a judicial commission of inquiry into state capture.
He also says he believes that South Africa’s chief justice must appoint a judge to head the commission because President Jacob Zuma is “conflicted”.
The former Cabinet minister made this candid statement during a press conference to address issues about an investigation into the Gupta-linked Trillian Capital Partners on Thursday afternoon.
Sexwale is the independent non-executive chair of Trillian, a company that been drawn into an extensive web of state capture allegations – all of which it has denied thus far.
He also announced that he intended stepping down – after just one year in the position – sometime next month.
This is when he expects a report to be concluded into claims that Trillian executives had prior knowledge that Zuma was going to fire former finance minister Nhlanhla Nene in December 2015.
Sexwale commissioned an independent investigation by advocate Geoff Budlender SC late last year to delve into Trillian’s alleged state capture links.
The Mail & Guardian reported earlier this year that Budlender been stonewalled after he requested additional information from the company – that included a request for access to the digital devices of the company’s chief executive, Eric Wood.
Sexwale said although Budlender was a great legal mind with the right credentials for the investigation, he did not have the necessary powers to compel witnesses or anyone else to provide him with information.
“Mr Budlender started complaining to me that he was not getting co-operation and having difficulty with getting further information like ‘phone records’ out of the company.
Similarly, Sexwale said, Trillian had concerns about providing information and not being given an opportunity to meet Budlender to explain themselves.
The parties seemingly did not agree on Budlender’s approach to the independent investigation, something that becomes apparent in some of the written exchanges between Trillian’s Wood, one of the company’s lawyers and Budlender.
Sexwale authorised the release of some of the correspondence in a bid to explain a few of the concerns held by both parties.
In one of those, dated February 9, Wood told Budlender that the company had provided a “conspectus of information” requested but that Trillian was then asked for more information.
This request, Wood wrote, appears to have “expanded the scope of data collection” beyond the initial brief.
Although the company’s alleged involved in Nenegate was the trigger for the Budlender investigation, there has since been numerous additional revelations about Trillian’s dealings with state owned enterprises.
And, another bone of contention appears to centre on Trillian’s lawyer’s attempt to be involved in drafting the brief for a new team of lawyers that was to step in to assist Budlender in March.
Budlender, in an email, said it was “inappropriate” that a lawyer representing both Wood and Trillian had wanted to be involved in instructing him.
It appears that the parties could not agree and, as a result, a decision has now been made that the Budlender probe must be wrapped up by next month. The findings, Sexwale said, will be made public – this one of the conditions set by Budlender when he agreed to take on the investigation.
The rest, it seems, will have to wait for the judicial commission of inquiry.
There is no indication of whether and when this is likely to happen because President Jacob Zuma has gone to court seeking a review of Madonsela’s remedial action. Zuma maintains that the appointing of judges to head commissions is his prerogative. The hearing is set down for October