The passing of the National Prosecuting Authority (NPA) Amendment Bill to make the Investigating Directorate (ID) a permanent entity within the NPA has given an indication it could mark the return of the Scorpions.
The Scorpions were disbanded in January 2009 after the African National Congress (ANC) resolution at its Polokwane conference in 2007.
The Directorate of Special Operations (DSO), known as the Scorpions, was heralded for its high conviction rate in high profile corruption and complex financial crimes. But after the unit was disbanded the NPA did not have a team of its own investigators to work closely with prosecutors.
But Minister of Justice and Correctional Services Ronald Lamola tabled the NPA Amendment Bill to make the ID a permanent entity within the NPA. This followed the announcement by President Cyril Ramaphosa to make the unit permanent.
Professor Dirk Kotzé from the University of South Africa (Unisa) said the Bill sought to bring back the elements that were lost when the Scorpions were disbanded.
He said the Scorpions worked with the NPA and this led to prosecution-driven investigations. This model was not unique to South Africa as other other countries were using it.
“The main point about the Scorpions is that they were more independent than the Hawks and that they were working directly with the NPA. That means what was lost when the Scorpions were disbanded was, therefore, that independence,” Kotzé said.
“What we are seeing now is a return of some of that independence and they can do more than what the Hawks can do and that they are more directly aligned to the NPA than what the Hawks are,” he said.
“The feeling is that the NPA, although they are primarily a prosecutorial authority, they must have investigative capacity. In other parts of the world that is so. We have in countries like Spain and France judges who have an inquisitorial capacity,” Kotzé said.
“I think this is the direction they want to go and bring it close to the Scorpions as it was before they were disbanded.”
The NPA said on Friday it welcomed the establishment of the ID as a permanent unit.
Its said the ID has conducted 103 investigations and enrolled 37 cases related to state capture.
A total of 208 people and companies have been hauled before court on state capture cases. These include high profile figures in the country.
But the said NPA the adoption of the Bill by Parliament would enhance the fight against corruption.
“This creates a permanent prosecution-led unit with investigative powers to deal with complex crime and corruption.”
The National Council of Provinces approved the Bill in March and it was now on Ramaphosa’s desk.
The Bill would make the ID a specialised unit within the NPA to handle corruption and complex financial crimes.
Chairperson of the Select Committee on Security and Justice in the NCOP Shahidabibi Shaik said the ID could become a success if it was able to have prosecution-driven investigations. This would mean that the ID will now have powers to appoint its own investigators and other specialists.
At the moment the ID was relying on investigators from the Hawks.
But if it had the mandate to appoint its own investigators it would strengthen the fight against corruption, said Shaik during the adoption of the Bill in the NCOP.
“The department in its submission to the committee further indicated that given that the ID in its current form is not a permanent entity or unit within the NPA, the independence of the ID can be compromised since government departments or institutions can or threaten to recall or reassign investigators from the ID and that the NPA Act ought to be amended to make provision for the permanent appointment of investigators and the required additional skills in the ID,” said Shaik.
“The committee further encouraged the NPA to appoint capable, competent, skilful, qualified and knowledgeable investigators. This Bill provides for the appointment of investigators to strengthen the fight against corruption.”
When Lamola tabled the Bill in Parliament last year this was the point he emphasised that prosecution-led investigations were successful.
“Adopting a prosecution-led investigation model is the most effective way to prosecute crimes like corruption, as demonstrated by international best practices,” the department said at the time.
“This Bill will allow the NPA to apply the experience gained from South Africa's efforts to tackle high-level corruption. The Bill is a significant step towards enhancing the NPA's independence and ability to prosecute high-level crimes.” it said.
“It creates a specialised entity within the NPA, staffed with trained individuals who enjoy the requisite level of independence, resources, and security of tenure to tackle corruption head-on.”
Political parties have been calling for Finance Minister Enoch Godongwana to give more funds to the NPA to prosecute high level corruption and organised crime cases.
The NPA has in the past been affected by budget cuts implemented by National Treasury across the state.
But parties said more funds should be allocated to the ID to ramp up prosecutions in state capture cases and other corruption matters in court.
The funding of law enforcement agencies has been debated in the national legislature and calls have been made for increased allocations to clamp down on crime and corruption.
Corruption is said to cost the state billions of rands a year.
The approval of the NPA Amendment Bill will now allow the ID to have more resources to fight corruption.
siyabonga.mkhwanazi@inl.co.za
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