By Akani Nkuna
New National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi said on Thursday he had ordered an ethics probe into alleged prosecutorial interference in commercial crime cases and immediate lifestyle audits of senior NPA officials.
“We have received concerning reports of allegations against some of the prosecutors regarding possible interference with investigations and prosecutions of certain cases in the commercial crimes environment in the Gauteng Local Division in Johannesburg. We are taking these allegations very seriously,” Mothibi said at a media briefing in Hatfield, Pretoria.
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This was his first formal media briefing as head of the NPA, having taken over from Advocate Shamila Batohi on 1 February.
“The NPA’s Office for Ethics and Accountability (OEA) will thoroughly investigate these allegations,” Mothibi said.
“However, we commit to transparency on these complaints, and we will keep the public informed as and when the investigations are finalised. Where the findings reveal any malfeasance or misconduct, appropriate consequence management measures will be put in place,” he added.
Mothibi said the NPA would proceed with phased lifestyle audits, starting immediately, with members of its executive and management committees.
“The NPA has been exploring the implementation thereof for some time and we have now made a firm decision to proceed with lifestyle audits, on a phase-in approach. We will commence with ExCo and ManCo members with immediate effect and other NPA officials, especially those in high-risk work environments, will then follow,” he said.
He also said the authority’s Asset Forfeiture Unit (AFU) had recovered R6.5 billion since 19 November 2019, after obtaining 2,397 freezing orders worth R13.8 billion and 3,220 confiscation and forfeiture orders worth R13 billion.
Mothibi said R15 billion had been frozen in the last five years, compared with R16.2 billion in the previous 20 years, while R13 billion had been frozen in state capture matters alone.
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He said the AFU had already exceeded five of its six annual targets in the current financial year.
He said the new measures were central to rebuilding confidence in the institution. “As a key institution within the criminal justice system, the NPA has a duty to the public to ensure that its staff can be trusted to deliver justice to the people of South Africa.”
Mothibi said the NPA’s short-term priorities, or “quick wins”, included “addressing backlogs and case prioritisation, enhancing ethics and integrity, implementation of state capture recommendations, implementing Madlanga Commission recommendations, organised crime, gender-based violence and resourcing, among other institutional priorities”.
He also said specialist skills would be strengthened and digital systems and artificial intelligence would be expanded countrywide.
