By Thapelo Molefe
Public Prosecutions head Advocate Andy Mothibi says the National Prosecuting Authority (NPA) is working to gain greater control over its budget as it seeks to strengthen its ability to prosecute serious crimes and corruption.
Mothibi said the NPA was currently operating as a programme within the Department of Justice and Constitutional Development, leaving it without full control over its finances.
He was speaking at the 19th Annual Association of Certified Fraud Examiners (ACFE) Africa Conference and Exhibition on Monday.
Mothibi said he had met with Justice and Constitutional Development Minister Mmamoloko Kubayi and Finance Minister Enoch Godongwana to discuss the NPA’s funding needs.
“Fighting crime and corruption is a priority area in government, and those who play a role in this have to be adequately budgeted for,” Mothibi said.
He said the NPA had identified the skills, equipment and other resources it needed and was working to ensure these requirements were properly funded.
Mothibi said the longer-term solution was to strengthen the NPA’s independence through legislation that would give it greater control over its budget.
“At the moment, NPA operates as a business unit, as a programme within the Department of Justice. NPA is really not in control of its own budget,” he said.
He said the proposed changes would ultimately see the NPA become a scheduled entity under the Public Finance Management Act, allowing it to take greater responsibility for its financial and operational decisions.
Mothibi said a project had already been established to work on the proposed changes, with a finance team tasked with engaging National Treasury.
“We are at the stage where we are developing a draft amendment to the NPA Act, which we will introduce. We’ll have it ready probably by November,” he said.
He said greater independence would allow the NPA to make decisions more quickly and improve its ability to plan and manage its resources.
Mothibi used the Special Investigating Unit (SIU), where he previously served as head, as an example of the benefits of operating as a separate entity.
“I’ve seen it. SIU, for example, is an entity on its own, a Schedule 3 entity. And the results that come with that as an entity are really amazing,” he said.
His comments came after a question from an ACFE conference delegate about concerns over budget cuts and their impact on the prosecution of high-profile cases.
Mothibi said the NPA was also working to restore confidence in the Investigating Directorate Against Corruption (IDAC), including through a research project that had already been announced.
Mothibi also called for closer cooperation between prosecutors, investigators, auditors, fraud examiners and other professionals to disrupt criminal networks.
He said the NPA was increasingly using prosecutor-guided investigations, where prosecutors work alongside investigators from an early stage instead of only becoming involved after an investigation has been completed.
Mothibi said this approach was being used in the investigations linked to the Madlanga Commission.
“We allocated dedicated prosecutors to the Madlanga task team that investigates. And we have seen really cogent results,” he said.
He said involving prosecutors earlier could reduce delays caused when investigators repeatedly return dockets to prosecutors for further instructions.
“Where it matters most is successful prosecution,” Mothibi said.
He also highlighted the importance of asset recovery, saying the NPA had secured hundreds of freezing orders and recovered billions of rand through its asset forfeiture work.
Mothibi said corruption and maladministration remained major threats because they weakened institutions, diverted public resources and undermined public trust.
“Corruption is not only a criminal offence, it diverts public resources, weakens institutions, service delivery, deepens inequality, and erodes trust in democracy,” he said.
He also warned that organised crime was becoming increasingly sophisticated, with criminals using technology, professional networks and cross-border operations.
Mothibi urged professionals at the conference to help law enforcement identify criminal activity, follow financial trails and turn information into evidence that could be used in court.
His call came as the NPA prepares to introduce changes aimed at strengthening its institutional independence.
Mothibi said he did not want to return to the ACFE conference next year with the same concerns about funding.
“I wouldn’t like to come here next year and still lament. When I come here next year, it should be to say these are some of the improvements we’ve made. And the results must be there for all of you to see,” he said.
