ActionSA is deeply concerned by the Department of Justice’s apparent failure to support the National Prosecuting Authority (NPA) in its pursuit of state capture investigations and prosecutions, particularly in light of the NPA’s submission before the Portfolio Committee on Justice today, which highlighted its four-year struggle to obtain unhindered access to critical state capture evidence.
The National Director of Public Prosecutions (NDPP) revealed that despite assurances from the Department of Justice and the former Minister of Justice, Ronald Lamola, who committed to provide them such access in 2022, the NPA is in fact hindered from accessing vital evidence, both physical and digital, necessary to advance state capture prosecutions.
The NDPP emphasised to the Portfolio Committee that to fulfil its mandate, particularly through the Investigative Directorate (ID), the NPA requires unhindered access to state capture evidence, which includes hard drives, physical documents, and digital records.
ActionSA concurs with the NDPP’s assessment that, for the NPA’s Investigative Directorate to give effect to its very mandate, investigators must be allowed unrestricted access to the premises housing state capture data, enabling them to retrieve hard copies and digital files as needed without burdensome bureaucratic delays and obstruction.
It is crucial that the ID’s investigators have the autonomy to access evidence without being hampered by excessive red tape, particularly as investigations often involve uncertain or evolving evidence needs that cannot be predefined through formal requests.
At a cost of R100 million, the critical database from the State Capture Commission, which itself cost taxpayers R1 billion, represents the most substantial investment made in justice, and thus, we believe that any attempt to obstruct efforts to hold those implicated in state capture accountable must be met with firm resistance from all who uphold the rule of law.
ActionSA believes this situation underscores the urgent need to protect the independence of the NPA, which must not be weakened or constrained by a department influenced by political interests—particularly given that its current head is under a cloud of allegations that may soon warrant the NPA’s attention.
It is also worth noting that the NDPP’s pleas for support will undoubtedly be further complicated by the current Minister of Justice, who, given her untenable position, has little incentive to grant the NDPP access to the database.
Unfettered Access to Vital State Capture Commission Database Vindicates Need for NPA Independence
ActionSA is deeply concerned by the Department of Justice’s apparent failure to support the National Prosecuting Authority (NPA) in its pursuit of state capture investigations and prosecutions, particularly in light of the NPA’s submission before the Portfolio Committee on Justice today, which highlighted its four-year struggle to obtain unhindered access to critical state capture evidence.
The National Director of Public Prosecutions (NDPP) revealed that despite assurances from the Department of Justice and the former Minister of Justice, Ronald Lamola, who committed to provide them such access in 2022, the NPA is in fact hindered from accessing vital evidence, both physical and digital, necessary to advance state capture prosecutions.
The NDPP emphasised to the Portfolio Committee that to fulfil its mandate, particularly through the Investigative Directorate (ID), the NPA requires unhindered access to state capture evidence, which includes hard drives, physical documents, and digital records.
ActionSA concurs with the NDPP’s assessment that, for the NPA’s Investigative Directorate to give effect to its very mandate, investigators must be allowed unrestricted access to the premises housing state capture data, enabling them to retrieve hard copies and digital files as needed without burdensome bureaucratic delays and obstruction.
It is crucial that the ID’s investigators have the autonomy to access evidence without being hampered by excessive red tape, particularly as investigations often involve uncertain or evolving evidence needs that cannot be predefined through formal requests.
At a cost of R100 million, the critical database from the State Capture Commission, which itself cost taxpayers R1 billion, represents the most substantial investment made in justice, and thus, we believe that any attempt to obstruct efforts to hold those implicated in state capture accountable must be met with firm resistance from all who uphold the rule of law.
ActionSA believes this situation underscores the urgent need to protect the independence of the NPA, which must not be weakened or constrained by a department influenced by political interests—particularly given that its current head is under a cloud of allegations that may soon warrant the NPA’s attention.
It is also worth noting that the NDPP’s pleas for support will undoubtedly be further complicated by the current Minister of Justice, who, given her untenable position, has little incentive to grant the NDPP access to the database.