Minister of Public Enterprises (2010 to 2014)

Malusi Gigaba: what the State Capture Commission found, and what happened next

Named in the Commission's report: Part II Vol 1 (Transnet).

What the Commission found

• The Commission dismissed Gigaba's claim that he did not know the Gupta brothers and found he used his position to appoint Gupta associates to key positions, including at Transnet.⁴Report reference: Part II Vol 1 (Transnet)

What it recommended

• The Commission recommended that law enforcement agencies conduct further investigations with a view to the possible prosecution of Gigaba and others, according to TimesLIVE. It did not recommend that he be charged outright.³

What happened next

1. 18 November 2025Charged. He made his first appearance at the Palm Ridge Magistrates Court, was formally charged under PRECCA alongside four former Transnet executives and was released on warning.⁵
2. 30 January 2026Case transferred. The NPA said the corruption case against Gigaba and former Transnet executives over the locomotive acquisition was being transferred to the Gauteng High Court, Johannesburg.²
3. 10 July 2026Court proceedings. Prosecutors allege he received cash payments from members of the Gupta family between November 2010 and May 2014. The case was postponed to 23 October 2026 and the State expected the trial to start in 2027.^1,6
4. 16 October 2026Court proceedings. EWN listed him among the accused when the defence applied to have the locomotives case struck off the roll, which the State opposed.⁷
5. 22 October 2026Court proceedings. EWN reported that the Johannesburg High Court reserved judgment on the strike-off application in the case, with a ruling due on 26 November 2026.⁸

Their response

Gigaba said in February 2022 that Zondo found no evidence warranting a corruption charge and instead called for further investigation. eNCA reported in July 2026 that he denies any wrongdoing.

Sources

1. The Citizen, More delays in Malusi Gigaba's Transnet corruption case as state eyes 2027 trial start (10 July 2026)
2. National Prosecuting Authority, Corruption case against Dr Gigaba and former Transnet executives transferred to the High Court (30 January 2026)
3. TimesLIVE, Gigaba reacts to being implicated in state capture report (2 February 2022)
4. TimesLIVE, Wrap: everything you need to know about part 2 of state capture report (2 February 2022)
5. EWN, Gigaba 'shocked' over timing of corruption charges he's facing (18 November 2025)
6. eNCA, Gigaba graft case shifts to October (10 July 2026)
7. EWN, State, defence at loggerheads over bid to have Transnet corruption case struck off roll (16 October 2026)
8. EWN, Transnet corruption trial: High Court yet to rule on strike-off bid (22 October 2026)

Commission findings are not criminal convictions. Some findings have been challenged in court. Each finding is attributed to the Commission and linked to its report.