By Lehlohonolo Lehana.
The Department of Justice and Constitutional Development (DJCOD) has dismissed reports that the National Prosecuting Authority’s Investigating Directorate has been hampered in doing its work on the State Capture Commission report.
The report has revealed that the National Prosecuting Authority (NPA) is facing delays from the Justice Ministry in accessing crucial evidence for state capture cases and in establishing the Investigating Directorate (ID) permanently.
Additionally, a failure to maintain a key digital evidence database, previously gathered by State Capture Commission investigators, which has resulted in the NPA and ID losing access to vital incriminating information, putting state capture prosecutions at risk.
However, the department’s spokesperson, Tsekiso Machike, insists the relationship between the ministry and the ID remains cordial and professional.
“The Department of Justice and Constitutional Development is the legal custodian of all the assets of the commission, including the data centre, following the expiry of the term of the SCC,” he said.
“The department holds these assets on behalf of the South African State, government and people. This mandate arises from the custodianship of the Commissions Act of 1947, residing with the Minister of Justice and Constitutional Development.
“To ensure effective utilisation of the data, the commission trained over 20 NPA investigators, providing them with direct access to the commission’s digital forensic platforms. The Commission’s secretariat has consistently supplied the requested data and documents,” added Machike.
He said that the secretariat has positively responded to data requests from various law enforcement agencies, including the ID and the Hawks.
“The department remains committed to transparency, accountability, and the effective use of its data to support justice and governance in South Africa,” he said.
“The department established a Residual Mechanism to deal with remaining matters of the Commission.”
The Commission continues to supply and support all law enforcement agencies and other entities with data and information, as and when requested. Further, there is a Secretariat that continues to manage the data centre and support all law enforcement agencies and other entities in accessing the database.
Meanwhile the Democratic Alliance (DA) called for the establishment of an independent Chapter 9 institution to investigate and prosecute serious corruption.
DA MP Glynnis Breytenbach said on Wednesday that the party will introduce a private member’s bill proposing the establishment of such a commission.
“The situation, requiring the NPA to engage with the ministry for over two years to gain unhindered access to these vital documents has never been brought to the attention of the Justice Portfolio Committee, and one must wonder why.
“The fact that these engagements have amounted to nothing tells a shocking tale of how the ministry, either through incompetence or mala fide intentions, have managed to frustrate the prosecution of key political role players in state capture.”
Breytenbach said the process is already frustrated by an under-capacitated NPA that lacks true independence.
“While the new NPA Amendment Act, yet to be operational, is said to address this issue, this act is only a stopgap to the much greater issue of independence with the NPA. The legislation just does not cut the mustard.