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THE AFRICAN NATIONAL CONGRESS ~ A CRIMINAL ENTERPRISE? In the recent past South Africans have been rocked by a multitude of revelations relating to fraud, theft and corruption on a scale that is simply breathtaking with regard to the magnitude and arrogance thereof. We have the State Capture Enquiry, headed by Deputy Chief Justice Zondo, the SARS Commission, headed by retired Justice Robert Nugent, the PIC Commission, headed by former Supreme Court of Appeal President, Justice Lex Mpati and we have the NPA Commission, headed by former Justice of the Constitutional Court, Justice Yvonne Mokgoro. Then we also have the details relating to the Steinhoff debacle, the VBS collapse and its collateral damage, and finally the revelations made before the Zondo Commission of Enquiry regarding Bosasa. These revelations are quite staggering. Allof this information, put together in its logical sequence, points ineluctably to a criminal enterprise being conducted with the resources of a State. The overlapping of the one with the other of these matters and others cannot be a coincidence, and none of this very large scale corruption on a national scale could have been contemplated in isolation, but can only be the result of co- ordinated efforts on the part of the governing party to facilitate the corruption now being testified to in so many fora. The DA has been laying criminal charges for the past five years and longer against largely the ANC and or its members, for a variety of serious fraud and corruption-related offences. Nothing has come of these. The investigations make no progress, no interaction is undertaken with the complainants in the matters, and certainly no arrests or charges ever stem from these complaints. The charges in the Estina Dairy Project matter have been withdrawn, and who knows if or when they will be re-instated. The charges against Duduzane Zuma have been withdrawn, and on somewhat fanciful grounds, with no guarantee of ever being re-instated. No other prosecutions have followed, despite this overwhelming mass of information related to criminal activity. The members of the Gupta family were allowed to leave South Africa without any difficulty, despite the serious allegations against them. This could not have been an oversight. No action was taken against them, and it must have been deliberate. Day after their departure, having had months to clean up and take their ill-gotten gains offshore, the authorities raided their empty house and business premises, in the guise of taking legitimate action. South Africa has passed a raft of legislation dealing specifically with the prevention and punishing of corrupt activities. If properly implemented by the criminal justice system, these laws are designed to protect the country adequately from these types of activities, and to enforce consequences for this type of behviour. This, however, requires a criminal justice system that is functioning optimally, operating without fear, favour or prejudice, and supported by a competent, resourced independent investigative component in the South African Police Service. In the recent past this has simply not been the case. The criminal justice system has been systematically decimated, and we are now faced with the results of this cynical destruction of capacity. The results are that the ANC has been able to set up a variety of enterprises designed to channel public money into a variety of front enterprises that can only be termed as criminal enterprises, enabling the ANC to effectively steal public funds in order to enrich the ANC, a select number of its members and their families, friends and connected business interests. This has been done with impunity. This is nothing more than racketeering on an enormous scale. In terms of the Prevention of Organised Crime Act (121 of 1998), “enterprise” is defined as “any individual, partnership, corporation, association or other juristic person or legal entity, and any union or group of individuals associated in fact, although not a juristic person or legal entity”. A pattern of racketeering activity is defined as “the planned, ongoing, continuous or repeated participation or involvement in any offence .......0f which one of the offences occurred within 10 years (excluding any period of imprisonment) after the commission of such prior offence referred to in Schedule 1. Unlawful activity is defined in the same Act as “conduct which constitutes a crime or which contravenes any law whether such conduct occurred before or after the