A nonprofit organisation (NPO) exposing economic crimes has filed a court application to review the conduct of the Hawks and the National Prosecuting Authority (NPA) for “prolonged inaction” in the Passenger Rail Agency of SA (Prasa) corruption investigation dating back to the state capture era.
Open Secrets exposes and builds accountability for private sector economic crimes through investigative research, advocacy and the law.
It has approached the North Gauteng High Court in Pretoria, saying the legal action aims to have the court declare unlawful the extended delays by the Directorate for Priority Crimes Investigation (Hawks) and NPA in concluding their investigations into corruption at Prasa, “as well as the NPA’s failure to decide on prosecuting those implicated in the looting”.
Open Secrets stated that more than a decade ago the Hawks and the NPA began investigating the “cohort of profiteers” at Prasa, including former group CEO Lucky Montana and other leaders such as Sfiso Buthelezi, Roy Moodley, Makhensa Mabunda and Auswell Mashaba, “who siphoned off R5bn of public funds from Prasa during 2012 to 2017”.
“Despite the mountain of evidence publicly available and numerous well-founded recommendations to prosecute those involved, no cases have yet been brought and no arrests yet made,” the NPO stated.
“The Hawks and the NPA have been investigating this case for over 10 years — an unjustified pattern of prolonged delays that plagues state capture cases.”
Open Secrets legal representative Luthando Vilakazi said: “This application is a step towards holding the Hawks and the NPA accountable for not fulfilling their important public duties to investigate and prosecute crime, and to sanction them for their irrational delay in concluding the investigation and deciding whether to prosecute.”
There was no accountability for the looting of Prasa, and Open Secrets demanded that the Hawks and the NPA be “jointly held to account for their failure to perform their duties within a reasonable time”.
Prasa confirmed it had received the review application: “The matter is currently being studied by Prasa’s legal team.”
NPA spokesperson Mthunzi Mhaga said: “NPA confirms being formally served with the review application; we will respond in accordance with acceptable review application procedures. The prosecution team in the office of the DPP South Gauteng is working with DPCI to expedite this complex investigation, so that the DPP South Gauteng can take a decision once the investigation is complete. A comprehensive response to the issues raised in the application will be provided once we consult internally and with our legal team.”
The Hawks were approached for comment, which will be added once received.
The state capture commission has lashed out at former president Jacob Zuma and his successor, Cyril Ramaphosa, for not intervening when Prasa board was fighting acts of corruption in the state-owned enterprise.
In his final instalment of the state capture report, handed to Ramaphosa at the Union Buildings in June 2022, commission chair chief justice Raymond Zondo said there were at least two general themes that emerged from evidence heard by the commission concerning Prasa.
“First, a pattern developed at Prasa that allowed influential individuals and/or entities in which they or their family members had an interest to benefit unduly, especially in respect of the procurement of goods and services,” the report stated.
“It is known that at some institutions employees or officials who resisted acts of state capture or corruption were victimised and often hounded out. That also happened at Prasa. However, what is most worrisome is this: it was also the fate of its board under the chairmanship of Popo Molefe from 2014 to 2017 when it sought to put Prasa right and instil a new and ‘cleaner culture’.”
The report stated within a few months of taking office, the new board declined to approve the awarding of two contracts, with a combined value of R4bn, to service providers that a committee of the board had recommended should be awarded the contracts.
“This board was on its own fighting corruption at Prasa. The then president Jacob Zuma gave it no support. The then deputy president of the ANC and of the country, now President Cyril Ramaphosa, gave it no support. Indeed, all the top six officials of the ANC gave it no support. The parliamentary portfolio committee on transport was openly hostile to this board,” the commission report spelt out .
Update: May 20 2025
This article has been updated with comment from Prasa and the NPA.
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