A donor oversight committee will be established to oversee the hoped-for donations to the National Prosecution Authority (NPA) and all cash donations will be managed through Treasury processes, justice & correctional services minister Ronald Lamola said in the National Assembly on Wednesday.
The NPA, which says it will need R1.2bn in the three years from 2023/2024, is together with the Treasury exploring options on how to use private donor funding and in-kind support without undermining its independence. It was allocated R1.1bn in the 2022/2023 budget for the next three years.
Lamola was replying to a question by African Christian Democratic Party MP Steve Swart on whether additional financial and other resources will be made available to the NPA so it can investigate and prosecute the many individuals and companies been referred to it for possible prosecution by the Zondo commission of inquiry into state capture. The question was one of those asked by MPs during a question-and-answer session with ministers of the peace and security cluster.
Lamola said that the fiscus would never have enough funds to meet the demand for prosecutors arising from the findings of the commission.
“The NPA will ensure accurate and transparent donation reporting and will establish a donor oversight committee as a further governance structure. National Treasury and the director-general pf justice are working closely with the NPA to establish the said oversight committee. All cash donations will be managed as RDP funds through the National Treasury processes. The RDP fund (established by the Reconstruction & Development Programme Fund Act) can be used to support any request from the broader criminal justice system.”
The minister stressed that the “sacrosanct” independence could not be compromised by donor funding.
“Enhancing the capacity and skills of the NPA to effectively prosecute corruption is a national priority. The nature and extent of alleged corruption described in the Zondo reports highlights the need for bold and innovative approaches to enhancing the capacity and skills of criminal justice entities, including the NPA. These are complex crimes that require sophisticated responses,” the minister said.
Of the R1.1bn allocated, 68% will be used to enhance the NPA’s anticorruption capacity, with the National Prosecution Service getting 700 aspirant prosecutors, the Asset Forfeiture Unit 17 senior state advocates, the Office of Witness Protection 12 protectors and the Investigating Directorate (ID) 91 investigators and prosecutors.
“In addition to more skills and capacity, we will be providing the required tools of trade needed to deliver on their important mandate. Critical to the success of the strategy to address corruption is the appointment of suitable senior counsel to support the prosecution in high-level, complex matters. There has also been a steep increase in the need for expanded witness protection due to the threatening and sometimes killing of whistle-blowers,” Lamola said.
He said a permanent structure would have to be created to replace the ID of the NPA, which was set up to investigate and prosecute high-profile corruption cases. Its lifespan ends in two years’ time. Lamola said President Cyril Ramaphosa could present recommendations in this regard when he responds to the Zondo commission reports later this year.
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