Any private donor funding for the National Prosecuting Authority (NPA) would be channelled through his department and would be used only for training purposes, justice and correctional services minister Ronald Lamola said on Tuesday.
There have been concerns in both legal and political circles that private donor funding for the NPA could compromise the independence of the authority.
In July, Lamola told a media briefing that private donor funding was under consideration due to fiscal constraints and the budget shortfall experienced by the NPA. He told journalists that his department was engaging with the Treasury to make sure that “whatever private funding is intended for the NPA, the NPA is insulated from any form of perceived or real kind of compromise of its independence”.
Replying to a question by DA MP George Michalakis on the outcome of this discussion with the Treasury, Lamola said the government had, over many years, considered the potential effect and risk of donor funding on its objectivity and independence.
“This risk has been managed through ensuring a proper framework under the auspices of the National Treasury, which regulates the acceptance and allocation of donor funding both internationally and locally.
“Given the significant risk in relation to the NPA, the parties have reiterated their commitment to ensure that any funding provided to the NPA will be channelled as per the approved framework through the department of justice and constitutional development.”
Lamola said there were ongoing discussions between the department and the Treasury over the budget shortfall of the NPA, which has indicated that it will not have enough money for salaries this financial year. These discussions had not yet been concluded through the budgetary processes of government.
Regarding the process of assisting students arrested during the Fees Must Fall protests and in response to a question by EFF MP Sam Zandamela, Lamola said no applications had been received by the department.
There are two forms of assistance that are legally possible — a presidential pardon where a person has been convicted and given a custodial sentence, and the expungement of criminal records in the case of noncustodial sentences. There was no provision in law for a blanket amnesty as demanded by students who were arrested and/or prosecuted.
Former justice minister Michael Masutha gave the undertaking earlier that the department would help students with their applications in this regard, but no applications had been received and Lamola said this undertaking remained.
“The hands of the department are tied if we do not receive any applications,” Lamola said.
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