By Simon Nare
The Directorate for Priority Crime Investigation (DPCI), known as the Hawks, is operating with almost half its posts vacant as it battles to investigate complex corruption cases while losing experienced investigators to other state agencies and the private sector.
DPCI acting head Lieutenant General Siphesihle Nkosi told parliament’s Standing Committee on Public Accounts (Scopa) on Tuesday that the unit was facing a capacity challenge, with a vacancy rate of about 49%
Nkosi was briefing the committee together with National Prosecuting Authority (NPA) head Advocate Andy Mothibi and the Special Investigating Unit (SIU) on proclamations, referrals, as well as updates on matters referred by the Zondo Commission, so that Scopa could determine if the anti-corruption agencies were working effectively.
Committee members expressed frustration at the slow pace of prosecutions and investigations on many matters referred to the NPA by the SIU.
ActionSA MP Alan Beesley said that no organisation could operate at such reduced capacity, adding that the taxpayer was paying more for VIP protection of ministers in the “bloated” cabinet than funding the unit.
Beesley said that VIP protection received “R4 billion per year”, while the Hawks were getting “R2.7 billion”.
“So, is it a purely a funding issue that if you were given more money, would you be able to fill those posts, or is it more of you can’t find the skills?” Beesley wanted to know from Nkosi.
Nkosi, while admitting to the challenges, said the unit required members with various skills.
He said the Hawks needed officers with policing experience, whether from the uniformed services or detective units, and could train suitable recruits in the specialised and systematic methods required for investigations.
He said that the unit had funding, but that the NPA, SIU and SARS recruited from within the Hawks.
“The NPA recruits from us. Unfortunately, we don’t recruit from them. The SIU also takes from us; SARS (South African Revenue Service) takes from us. The private sector recruits from us. There are also initiatives at the same time to try and close the gap.”
The three units faced tough questions about the number of cases that were referred to the NPA and the slow rate of cases making it to court.
In its presentation, the NPA had a total of 5944 matters referred to it by the SIU since 2011 to 2026. Gauteng lead with 2655, followed by KwaZulu-Natal at 1045 and the Eastern Cape with 871. The Free State registered 370, Limpopo 366, Western Cape 315 and Mpumalanga 187.
North West registered 103 and the Northern Cape the lowest at 18, and Head Office 14.
The number of registered dockets was substantially lower than the number of matters referred. In Gauteng, 2,655 referred matters resulted in 206 registered case dockets, of which 119 were still under investigation and 12 had reached court.
KwaZulu-Natal, which had the second-highest number of referrals at 1,045, had only four matters before the courts.
Committee members wanted to know why the number of referred matters making it to court was so low.
There were also concerns that about 75% of matters in the Eastern Cape could not be prosecuted.
NPA head Mothibi told the MPs that the authority was doing all it could to make sure the matters were resolved speedily and that since his arrival at the institution, there has been some movement.
He said most cases were withdrawn because there was no prima facie evidence of criminality, insufficient evidence to secure a successful prosecution, or insufficient evidence to prove gross negligence under section 38(1) of the Public Finance Management Act.
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