Director of Public Prosecutions at the National Prosecuting Authority, Shamila Batohi.
Johannesburg - The National Prosecuting Authority has welcomed President Cyril Ramaphosa’s action plan for implementing recommendations from the State Capture Commission.
Ramaphosa addressed the nation on Sunday, announcing several changes which were currently under way after Chief Justice Raymond Zondo made recommendations arising from the report.
Some of the changes that form part of Ramaphosa's state capture action plan include the formation of an anti-corruption agency for procurement, an anti-corruption unit, amendments to make the appointment of the National Director of Public Prosecutions more transparent, lifestyle audits for the Cabinet, new processes for the appointment of boards of SOEs, new intelligence laws, protection of whistle-blowers, and criminalising criminalising donations to political parties in return for contracts.
He said deputy president David Mabuza will interface with Parliament to address the commission’s recommendations with respect to matters relating to Parliament, while the Treasury is expected to engage with Parliament to ensure Parliament is resourced to do its work.
NPA spokesperson Mthunzi Mhaga said Ramaphosa’s response highlighted the importance of strengthening the NPA as a key part of South Africa’s broader response to complex corruption.
“They reflect the outcome of collective inputs made by criminal justice partners into the preparation of the report, as well as views expressed by civil society actors.
“The president announced a number of measures designed to prevent a recurrence of state capture. This is crucial. Ending impunity and holding those responsible for state capture-related wrongdoing to account is vital to restoring the rule of law in South Africa.
“However, if we want to ensure a better life for all, equally important is to put in place measures which minimise the risk of South Africans ever again facing the calamity of state capture,” said Mhaga.
He said the decision to establish the Investigating Directorate (ID) as a permanent entity within the NPA would enable the ID to adopt a fully-fledged multidisciplinary prosecution-led investigation model.
“The ID will be able to apply this model in relation to its mandate on complex corruption. This has proven to be the most effective method in the past, and there is no reason why we cannot do it again.
“A permanent and empowered ID, with full investigative powers and the appropriate budget, will also allow the ID to recruit and retain the quality and breadth of the required specialised expertise, and to build this expertise, given the long-term nature of some of the cases,” said Mhaga.
He said forensic investigators, data analysts and cyber experts, would be required.
Mhaga said it was a matter of public record that the NPA was “seriously compromised, impeding its effectiveness and eroding public trust”.
“We are making important strides in future-proofing the NPA. The commitment to introduce greater transparency and public consultation in the selection and appointment of the National Director of Public Prosecutions is in line with international best practice and will strengthen the independence of the NPA.
“We also welcome the commitment to settle the issues relating to the NPA’s financial and administrative independence. An NPA enjoying both de facto and de jure independence will serve as a bulwark for an invigorated and permanent ID with its own investigative capacity,” he said.
Mhaga said the independence of the NPA would be jealously protected as it aims to work closely with business and civil society organisations.
“We are confident that the above measures, including the review of the Protected Disclosures Act and Witness Protection Act to improve the protection of whistle-blowers, will contribute towards accountability and justice, and preventing a recurrence of state capture, by maintaining appropriate executive oversight, by insulating the NPA from undue political interference, by enhancing its independence, and enabling the NPA to carry out its mandate without fear, favour or prejudice as constitutionally required to do,” he said.
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