The Ahmed Kathrada Foundation welcomes the recent decisive legal interventions and asset recovery processes initiated by state organs involving former Transnet and Eskom CEO Brian Molefe, and former PRASA CEO Lucky Montana.
The Special Investigating Unit’s (SIU) freezing of R16 million worth of luxury properties linked to Lucky Montana, alongside the ongoing criminal prosecution and R9.9 million pension clawback enforced against Brian Molefe, represent vital milestones in South Africa’s protracted pursuit of accountability for the State Capture era.
For years, state-owned enterprises (SOEs)—the bedrock of our country’s economic development—were systematically hollowed out by corruption. The devastating impact of this era is still felt daily by ordinary citizens through failing rail infrastructure and economic instability.
It remains a profound concern to the public, and a betrayal of the democratic struggles championed by stalwarts like Ahmed Kathrada, that individuals facing such severe, credible allegations of corruption now occupy benches in our National Assembly as Members of Parliament (MPs).
The background and current legal status of their respective cases highlight the severe depth of the governance breaches under review:
- Brian Molefe (Former Eskom/Transnet CEO & Current MP): Molefe faces 18 active criminal charges in the High Court, including fraud, corruption, money laundering, and PFMA violations linked to an irregular R93 million locomotive procurement tender. He remains out on R50,000 bail while pre-trial hearings advance. Significantly, Molefe stands trial alongside his co-accused: former Public Enterprises Minister Malusi Gigaba, former Transnet CFO Anoj Singh, former Transnet CEO Siyabonga Gama, and former Chief Procurement Officer Thamsanqa Jiyane, among other key entities. These charges remain allegations until a court delivers a verdict. Separately, the courts have firmly rejected his appeals against returning a R9.9 million portion of an Eskom early-retirement pension payout previously deemed unlawful.
- Lucky Montana (Former PRASA CEO & Current MP): While not currently facing active criminal charges from the NPA, Montana is facing severe state-led civil and asset recovery actions. His Hurlingham and Waterkloof properties have been frozen by an interim SIU preservation order due to an alleged money trail linking them to kickbacks from an irregular R5.6 billion PRASA security tender awarded to Siyangena Technologies. Montana is scheduled to appear before the Special Tribunal on 11 August 2026 to contest the permanent forfeiture of these assets, which follows a prior R55 million tax debt sequestration order by SARS.
These cases expose a glaring accountability gap in our current legislative framework: under Section 47 of the Constitution, an MP only loses their seat automatically upon receiving a criminal prison sentence exceeding 12 months. Because civil asset forfeitures operate on a balance of probabilities, individuals can have millions in allegedly illicitly obtained luxury assets frozen or seized by the state yet legally retain their seats as lawmakers. To protect the integrity of the state, parliament must urgently consider reforming its Code of Ethical Conduct. It must mandate the immediate suspension of any member whose assets are successfully forfeited under anti-corruption legislation, ensuring that those who make our laws are held to the highest standards of probity.
“While the wheels of justice have turned frustratingly slowly, these developments signal that the era of absolute impunity for those implicated in State Capture is drawing to a close,” said Neeshan Balton , the Executive Director of the Ahmed Kathrada Foundation. “However, the presence of members facing such severe corruption charges and asset seizures in Parliament damages the integrity of our legislative framework. True accountability will only be achieved when these civil actions are concluded, and active criminal trials run their full course.”
The Foundation calls on all sectors of civil society to remain vigilant and support the state organs working tirelessly to claw back stolen public funds. The path to national renewal requires that lawmakers themselves are not beyond the unyielding reach of the law.
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About the Ahmed Kathrada Foundation:
The Foundation aims to deepen non-racialism and promote the values of the South African Constitution. It continues the legacy of anti-apartheid activist Ahmed Kathrada by advocating for ethical leadership and social justice.
Media Enquiries:
Anele Gcwabe
Communications Manager
083 278 8832
anele@kathradafoundation.org
