NPA too weak to go after all those implicated in state capture report
Even if the NPA wants to go after state capture perpetrators, there are fears that they simply do not have the necessary capacity.
South African President Cyril Ramaphosa appears on behalf of the ruling party African National Congress (ANC) at the Zondo Commission of Inquiry in Johannesburg, South Africa, 11 August 2021. The Zondo Commission was set up by former President Jacob Zuma to investigate state capture and corruption in the country. EPA-EFE/SUMAYZ HISHAM / POOL
South Africa’s law enforcement and prosecutorial agencies, already crumbling under the current case load, will not only need an overhaul but also major boosts in resources, if they were to go after all those implicated in the first part of the State Capture report. The Nelson Mandela Foundation has asked that the report not be ignored like previous corruption-related reports and that action must be taken against all those implicated. If President Cyril Ramaphosa releasing the report for public scrutiny is anything to go by, experts believe this could set the tone for swift action, but that this can never…
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South Africa’s law enforcement and prosecutorial agencies, already crumbling under the current case load, will not only need an overhaul but also major boosts in resources, if they were to go after all those implicated in the first part of the State Capture report.
The Nelson Mandela Foundation has asked that the report not be ignored like previous corruption-related reports and that action must be taken against all those implicated.
If President Cyril Ramaphosa releasing the report for public scrutiny is anything to go by, experts believe this could set the tone for swift action, but that this can never be achieved with the current capacity of the police and National Prosecuting Authority (NPA).
Judging by the past two years activities, Organisation Undoing Tax Abuse CEO Wayne Duvenage said he does not believe the responsible agencies have the capacity to bring those fingered in the report to book.
He said the NPA is barely able to run normal prosecutions, and just keeping pace with all of the lawlessness and corruption that happens at local and national government levels is exhausting their capacity. Adding state capture prosecutions to the mix is a hard ask.
“…they would be hard pressed to get to that. They are already hard-pressed. Now you have that momentous amount of ills that happened in 2015 and 2016 or a few years earlier. That is extra work that requires more people, and it needs more capacity. I think they are under immense pressure…” Duvenage said.
Duvenhage believes it is time for a new paradigm in the fight against corruption, which is why OUTA appreciates Zondo’s recommendation for a separate, dedicated anti-corruption agency, with powers and resources.
He said the National anti-Corruption Forum already in place is not only laborious, takes a long time to get going, but also does not have powers or execution abilities such as the one recommended by Zondo.
“We need a new way, law changes, and additional resources in tackling this crime. We need dedicated corruption courts maybe. We need laws to enable the fast tracking and processing of deliberate corruption and waste of taxpayers’ money,” Duvenage.
He said if government thought this could be done without going through some major changes to the NPA, the battle was already lost.
“With no additional resources, no corruption courts and a dedicated focus on corruption, we have another thing coming, because it is not going to happen fast enough and the public is frustrated because there is no accountability for this damage to SA,” Duvenage added.
Dedicated, coordinated approach key
Acting Chief Justice Raymond Zondo, who chaired the marathon Judicial Inquiry into State Capture, criticised the NPA for this capacity weaknesses and recommended the establishment of an independent anti-corruption unit in his first of three parts of the report.
Olwethu Majola, doctoral candidate at the Center of Criminology at University of Cape Town, said the report provides valuable information that could form the basis of investigations and prosecutions by the relevant authorities.
The attorney, who specialises in legal instruments to curb transnational organised crime and financial crime in Africa, said such authorities could include the NPA, law enforcement, special investigative units, and other regulatory bodies with powers and obligations to take the appropriate action.
“That is what we would like to see happen, however, that is yet to be seen. This may also prove to be difficult in the absence of an independent anti-corruption agency that will act as the focal point for co-ordinating anti-corruption work across the various government departments, as recommended by the Zondo Commission’s Report and the National Anti-Corruption Strategy 2020-2030,” Majola said.
She said opportunities for the recommendations to be implementation were favourable, as the National Anti-Corruption Strategy published in 2020 mirrors some of the recommendations contained in the State Capture report.
According to Majola, groundwork has already begun and that the crucial point was the implementation of the recommendations of the State Capture Report and the Anti-Corruption Strategy.
She said fears that of a push-back by those implicated, as seen with the July last year riots after the incarceration of former President Jacob Zuma, should not be considered as that would be entrenching impunity.
“…this means we will continue to lose valuable national resources to corrupt individuals. Unfortunately, in any society we will always have people who are loyal to individuals. However, we should be more interested in seeing the rule of law prevail,” Majola said.
