Open Secrets demands action from Hawks and NPA on Prasa corruption
The Gauteng High Court, Pretoria, is set to hear the case brought by non-profit organisation Open Secrets to force action on corruption at the Passenger Rail Agency of SA.
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Non-profit organisation Open Secrets wants to force the Hawks and the National Prosecuting Authority (NPA) to probe and prosecute corruption at the Passenger Rail Agency of SA (Prasa).
In papers filed at the Gauteng High Court, Pretoria, Open Secrets wants to declare invalid, review, and set aside, under the promotion of Administrative Justice Act or the principle of legality, the failure of the Hawks to complete their investigations, within a reasonable time, into the unlawful contracts concluded between Prasa and two companies, Siyangena and Swifambo.
The organisation also wants to declare invalid, review, and set aside the corresponding failure of the NPA, which has assumed a guiding role in the Hawks’ investigations, to ensure completion of the investigations and to decide whether to prosecute.
In addition, Open Secrets wants to be granted just and equitable relief, directing the Hawks and NPA to finalise the investigations promptly, to decide on prosecution and to file such reports as the court may order.
It also raises constitutional issues as to whether the prolonged failure by the Hawks and NPA to complete investigations into serious corruption at Prasa infringes on some constitutional provisions such as the duty of the police service to prevent, combat, and investigate crime, the NPA’s duty to exercise its functions without fear, favour, or prejudice, and to perform constitutional obligations to be performed diligently and without delay.
"Whether the failure of the Hawks constitutes unlawful administrative action or an unlawful exercise of public power, and whether the failure of the NPA constitutes an unlawful exercise of public power," Open Secrets stated.
The organisation also wants the court to determine whether the Hawks and NPA have breached their respective statutory duties, under the subordinate legislation to the constitutional provisions interpreted in the light of the Constitution.
Additionally, the high court must determine whether the SA Police Services Act and the NPA Act and related legislation, such as the Prevention of Combating of Corrupt Activities Act, were contravened.
The court will be asked to decide if the findings and recommendations of the Commission of Inquiry into State Capture, led by retired Chief Justice Raymond Zondo, concerning the Siyangena and Swifambo contracts heighten the Hawks’ and NPA’s duties to act, and whether their continuing inaction is irrational and unreasonable.