South Africa: NPA Commits to Continue Implementing State Capture Report Recommendations

President Cyril Ramaphosa formally received the fifth and final Judicial Commission of Inquiry into Allegations of State Capture, Corruption, and Fraud in the Public Sector including Organs of State at the Union Buildings in Pretoria on June 22, 2022.The report was presented to the President by the Chief Justice and Commission Chairperson, Judge Raymond Zondo.

The National Prosecuting Authority (NPA) says it is ready to "support and implement" the measures set out by President Cyril Ramaphosa when he laid out government's plans on the recommendations of the State Capture Commission.

The President announced, among others, that the Investigating Directorate (ID) of the NPA would now become a permanent fixture, legislative measures will be implemented to address the independence of the NPA and that the National Director of Public Prosecutions (NDPP) will now be appointed in a more consultative, open and transparent manner.

In a statement, the NPA welcomed the announcements.

"We are confident that the... measures, including the review of the Protected Disclosures Act and Witness Protection Act to improve the protection of whistle blowers, will contribute towards accountability and justice, and preventing a recurrence of state capture by maintaining appropriate executive oversight, by insulating the NPA from undue political interference, by enhancing its independence, and enabling the NPA to carry out its mandate without fear, favour or prejudice as constitutionally required to do. In line with its constitutional mandate," the statement read.

On the decision of the establishment of a permanent ID, the NPA said this is crucial to having "prosecution led" investigations.

"[The] decision to establish the ID as a permanent entity within the NPA, and to strengthen its capabilities with the provision of the requisite criminal investigatory powers, will enable the ID to adopt a fully-fledged multi-disciplinary, prosecution-led investigation model.

"A permanent and empowered ID, with full investigative powers and the appropriate budget, will also allow the ID to recruit and retain the quality and breadth of the required specialised expertise, and to build this expertise given the long-term nature of some of the cases," the NPA said.

The prosecutorial body also welcomed the move to bring greater transparency to the selection of the NDPP.

"We are making important strides in future-proofing the NPA. The commitment to introduce greater transparency and public consultation in the selection and appointment of the National Director of Public Prosecutions, is in line with international best practice and will strengthen the independence of the NPA.

"We also welcome the commitment to settle the issues relating to the NPA's financial and administrative independence. An NPA enjoying both de facto and de jure independence will serve as a bulwark for an invigorated and permanent ID with its own investigative capacity," the statement said.

The NPA vowed to continue working with communities to fight crime while also "jealously guarding" its independence.

"[Fighting] crime and corruption in particular requires a community coming together and working collectively. As part of its bold and innovative endeavours, the NPA is partnering with various sectors, including business to strengthen its capabilities and capacities to be more effective and efficient.

"The independence of the NPA will be jealously protected, and processes and systems have been put in place to ensure this," the prosecutions body said.

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