Justice and correctional services minister Ronald Lamola has suggested there is no need for donor funding to support the work of the National Prosecution Authority (NPA) just yet, amid concerns in legal and political circles that private donor funding could compromise the independence of the body.
But Shamila Batohi, the national director of public prosecutions at the NPA, has previously stated that the body is under-resourced and underfunded, and warned that this could make it almost impossible to prosecute all matters flagged by the state capture commission.
The NPA, which says it will need R1.2bn in the three years from 2023/2024 is — together with the Treasury — exploring options about how to use private donor funding and in-kind support without undermining its independence. It was allocated about R1.2bn in the 2022/2023 budget.
In a written reply to questions from the EFF published in parliament this week, Lamola said that while engagements were continuing about the possibility of the NPA tapping into private donor funding, the government has been able to provide the necessary funding to date.
“The government has an obligation to ensure that state institutions are adequately resourced. To date, the Treasury has met this obligation in respect of the NPA. As a result, the question of private donor funding does not arise,” Lamola said.
He highlighted that R1.2bn has been allocated to the NPA for the current year.
“In the next financial year, the NPA is expected to advise the Department of Justice and Constitutional Development and National Treasury if a shortfall arises. Having addressed the issue of adequacy of funding, I have been informed of requests by the NPA regarding the acceptance of donor funding, its modalities, measures to ensure accountability and to address perceptions of interference,” Lamola said.
He said engagements are ongoing to establish a governance framework for the acceptance of donor funding.
In general, all private donor funding is processed through the Reconstruction Development Programme, which falls under the administration of the Treasury. In terms of this programme, domestic and foreign grants are received and dispensed according to strict guidelines, controls and oversight,” Lamola said, suggesting that donor funding if ever needed, would not compromise the independence of the prosecuting body.
Previously the EU, the Royal Danish Commission and various UN organisations have funded NPA initiatives. Recently, Business Unity SA (Busa) which represents organised business in the country, said it was keen to assist the NPA to bolster its capacity, including providing private prosecutors to ensure that all those implicated in state capture are brought to book.
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