By Johnathan Paoli
The existing Investigating Directorate – a specialized policing unit within the National Prosecuting Authority – will now make way for a slightly changed unit with a few more powers.
This, after President Cyril Ramaphosa signed into law the National Prosecuting Authority Amendment bill that was tabled in parliament in August last year.
The NPA Amendment Bill will officially bring into existence an entity called the Investigating Directorate Against Corruption. This entity will now have the power to vet and appoint its own investigators, oversee and give input into remuneration and conditions of service and have a special mandate to investigate their own.
The bill provides for the appointment of a retired judge to exercise oversight over the Directorate’s investigators and who will be tasked to deal with any persons interfering with investigators including those that bring any improper influence or interference, hindrance or obstruction, including political or any other, seeking to hinder investigations into instances of corruption.
The judge can receive complaints from any person who can provide evidence of an infringement of their rights by an investigator.
The bill allows for the creation of a digital evidence unit specializing in the identification, collection , analysis and presentation of digital evidence.
Speaking at the Union Buildings on Friday, President Ramaphosa said the directorate will be a permanent prosecution-led agency with full criminal investigation powers.
Ramaphosa acknowledged the current capacity and expertise challenges faced by the NPA said the new legislation would deal with these problems.
“The investigating directorate against corruption will be able to recruit and retain special skills to deliver on its mandate,” the president said.
Ramaphosa praised he achievements of the current directorate and said it has made great progress in the fight against corruption over the past five years.
He said that to date it has taken 39 state capture and corruption cases to court, involving 212 accused persons, 68 accused entities and has secured the conviction of almost 700 government officials for corruption.
He further commended the NPA’s Asset Forfeiture Unit for having restrained and preserved ‘state capture’ assets to the value of more than R14 billion, and recovering R6 billion so far.
“The signing of this Act signals our determination to continue to build an ethical, capable state with strong institutions that can deliver on their mandate of improving the lives of every South African,” Ramaphosa said.
The Congress of South African Trade Unions (COSATU), acting spokesperson Matthew Parks said it was another important anti-corruption milestone by government, acting upon the recommendations of the Zondo Commission into State Capture.
National ANC spokesperson Mahlengi Bhengu-Motsiri said, “The ANC views the permanent establishment of the Investigating Directorate against Corruption as an important part of the renewal of the state and society in the wake of state capture. The ANC urges the NPA to intensify its efforts to investigate and prosecute those alleged to be involved in corruption and to do so impartially, without fear or favour,”
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