The National Prosecuting Authority (NPA) has welcomed the announcement by President Cyril Ramaphosa in his response to the State Capture Commission recommendations during an address to the nation on Sunday evening.
“His response highlights 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,” said the NPA on Monday.
Ramaphosa announced a number of measures to prevent a recurrence of state capture.
The NPA said establishing the investigating directorate (ID) as a permanent entity within the NPA will enable the ID to adopt a fully fledged multi-disciplinary, 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,” said the NPA.
“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.
“This additional expertise include forensic investigators, data analysts and cyber experts. The implementation of these measures will require legislative amendments and we hope that this process will be expedited.”
It explained further: “As we know from hours of testimony before the State Capture Commission, the NPA’s independence 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.
“Fighting crime and corruption in particular requires a community coming together and working collectively. As part of its bold and innovative endeavours, the NPA is partnering with various sectors, including business to strengthen its capabilities and capacities to be more effective and efficient.
“The independence of the NPA will be jealously protected, and processes and systems have been put in place to ensure this.”
It said the review of the Protected Disclosures Act and Witness Protection Act to improve the protection of whistleblowers will contribute towards accountability and justice, and preventing a recurrence of state capture.
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