Africa-Press – South-Africa. Looters of state funds had a free rein for a decade – and now the National Prosecuting Authority (NPA) is playing catch-up to bring them to book.
This is according to Anton du Plessis, the NPA’s deputy national director of public prosecutions for strategy, operations and compliance.
“If we think we are going to play catch-up after being 10 years behind, without making those bold changes, we are mistaken,” he said.
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On Tuesday, the head of the NPA, Shamila Batohi, and her senior directors briefed the Standing Committee on Public Accounts on cases referred to it by the Special Investigating Unit (SIU).
Du Plessis told the committee it was not just about money and that a massive mind shift was needed.
“One of the things that happened since our rebuilding in 2019, we realised that those committing these kinds of crimes got a 10-year headstart on us in many ways. That means not a slight uptick in our pace is needed, but a huge step-up. It’s a sprint to catch up, we are confident that we will catch up, but a lot of things have to happen to enable us to catch up,” he said.
Du Plessis said the NPA’s quest to tackle major corruption cases started on the back foot.
He said: “One of the things we need to do is not just focus on money. We need to be bold and innovative in terms of how to bring the resources into the NPA and the criminal justice system. It is not just about bringing resources and money in, it’s about how we collaborate with the private sector, without undermining our independence or our ability to prosecute these cases without fear or favour.”
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Du Plessis said the release of the Zondo Commission reports presents an opportunity to review the NPA’s processes.
“Judge Zondo, himself, makes the point that there has to be a review of the legal structure and architecture that we currently operate in, with a very honest reflection of what is working and what is not.
“For example, the model of prosecution and investigations. We need to have an in-depth discussion on whether to amend the current legal framework within which we operate, and that is something which I know we will be working on to make recommendations to the minister and president. It speaks to this bold and innovative response that is needed,” he said.
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Batohi said the NPA has specialised types of skills, which it continues to build.
“One must remember there was no will political will, [or] willing law enforcement to deal with these cases of high-level corruption. And so, these cases were deliberately not given any attention. Since 2019, there has been a focus on these cases. Together with the DPCI (Hawks) and the SIU really trying to make an impact, but also building the capabilities and capacities at the same time,” she said.
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Asked about the long delays in prosecutions, Batohi said: “It is very difficult to say what is the lifespan of a case. It also depends on the resources. Depending on the complexity of the case, it is like asking how long a piece of string is. I agree that we cannot have cases that go on indefinitely. We must try to ensure that, even in the complex matter, we bring them to court as quickly as we can.”
The deputy director of public prosecutions, Rodney de Kock, said resources had been directed to focus on corruption matters.
“Over the next six months, the NPA is ramping up its ability to deal with complex corruption (cases),” he said.
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