More than a week after Raymond Zondo handed over the first part of the state capture inquiry report, the National Prosecuting Authority (NPA) has decided to establish a special task team with the Hawks to speed up the prosecutions of those implicated in the report.
In a statement issued on Wednesday, the NPA and Hawks said the commission’s work added impetus to “the process of rebuilding the rule of law after a very difficult period”. A meeting of law enforcement partners was promised with no date given.
“The task force’s main focus is on progress and impact. It builds on the work already done within the NPA over the past few years, in collaboration with the Zondo commission and other law enforcement partners,” said the statement signed by NPA spokesperson Mthunzi Mhaga and his Hawks counterpart, Nomthandazo Mbambo.
A review of all cases linked to the report‚ including those proclaimed by the NPA’s Investigating Directorate (ID)‚ is due to be conducted. The ID is central to the NPA’s response to the commission’s reports and is investigating a handful of matters mentioned in it.
“The ID is well-placed to respond to the commission’s reports and has commenced a process to proactively prepare to respond appropriately to the recommendations within its mandate,” the joint statement said.
“The directorate is adding resources from the commission‚ including digital forensic capacity‚ and looking to National Treasury for budget.”
The Hawks will, as mandated, deal with national priority offences that include corruption‚ commercial crime and organised crime stemming from the report.
A team of senior officers is identifying cases that may have been reported and investigated by the Hawks before the release of the commission’s report. This will enable them to take stock of what is already part of the commission’s findings and recommendations that form part of its existing investigations, said Mhaga.
“The [NPA] and the Hawks are reviewing the commission’s findings and recommendations with a view to investigating and building cases for criminal prosecution against those who broke the law‚ be they from the public or private sectors.”
Efforts will include seizing the proceeds of state capture crime. “This is a Herculean task given the volume of materials and the finite human and financial resources available to our law enforcement and criminal justice agencies,” Mhaga said, adding that the NPA was exploring options to boost its capacity.
The institution has been under pressure to deliver amid criticisms that it has failed to secure any high-profile corruption convictions.
In his report, Zondo found the NPA had failed to respond adequately to state capture and he said institutional weaknesses needed to be addressed.
The NPA suffered a blow in December with the sudden resignation of Hermione Cronje as ID head. Mhaga said it would take time to rebuild the institution. Among priorities‚ the NPA will focus on internal processes to ensure that criminality or improper conduct in its own ranks was dealt with effectively.
Undoing historical NPA capture was paramount and this involved shoring up the NPA’s independence‚ particularly in relation to the executive and how leaders were chosen.
The NPA has not provided time frames for possible prosecutions‚ but has assured the nation of its commitment to regain public trust.
The NPA and Hawks are reviewing Zondo’s 874-page report, which summarises a portion of the work conducted by the commission’s team since its establishment in 2018.
Zondo will submit two more sections to President Cyril Ramaphosa by the end of February. The NPA and Hawks are set on building criminal cases against those liable in government and business and recover state capture loot — but they caution there is a difference between commission testimony and persuasive evidence in a criminal case.
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