The Cabinet has approved the draft National Prosecuting Authority Amendment Bill for submission to Parliament, which will provide for the establishment of the Investigating Directorate as a permanent entity within the NPA.
THE CABINET has approved the draft National Prosecuting Authority (NPA) Amendment Bill for submission to Parliament, which will provide for the establishment of the Investigating Directorate (ID) as a permanent entity within the NPA.
The ID, which was set up in 2019 for a period of five years, deals with serious, high-profile or complex corruption cases and offences arising from the State Capture Commission.
Minister in the Presidency, Khumbudzo Ntshavheni, announced the approval of the submission of the draft bill.
“The bill amends the NPA Act, 1998 (Act 32 of 1998) to provide for the establishment of the Investigating Directorate as a permanent entity within the NPA and to also strengthen its investigative powers,” Ntshavheni said.
In October 2022, President Cyril Ramaphosa said in his implementation plan to the State Capture Commission report that the ID would be established as a permanent entity within the NPA as part of efforts to further strengthen the anti-corruption capabilities.
Chief Justice Raymond Zondo had recommended in his report into State Capture the establishment of an Independent Public Procurement Anti-Corruption Agency and a Permanent Anti-Corruption Commission.
“The Investigating Directorate will be established as a permanent entity within the NPA and ID investigators will be provided with the requisite criminal investigatory powers as contemplated in the Criminal Procedure Act,” Ramaphosa said.
Now, Justice and Correctional Services Minister Ronald Lamola has published a notice in the government gazette of his intention to introduce the bill to Parliament.
He said the bill would provide for the appointment of investigators, security screening as well as the remuneration and conditions of the investigators.
The NPA has over the years expanded the capacity of the ID and institutionalised its operations.
Responding to a parliamentary question recently, Lamola said the ID would no longer be created by way of a proclamation.
“The Department of Justice and Constitutional Development is also finalising the review of the anti-corruption architecture of South Africa, with a view to introduce legislation to further strengthen the fight against corruption.”
The minister said he has already approved regulations that bestow peace officer powers on ID Investigators.
“These regulations are significant as they provide investigators with the necessary powers to conduct their work prior to arresting suspects,” Lamola said.
The ID has enrolled 18 new matters in this financial year, bringing to 34 matters enrolled with 203 accused over the last four years.
“Thirteen new investigations were authorised, totalling 97 matters authorised over the last four years.”
Lamola also said the significant success of the ID during the financial year was its contribution to the recovery of R2.5 billion, which was paid into the Criminal Asset Recovery Account.
“Whilst it is acknowledged that there is still a long way to go, this represents a significant milestone in the recovery of assets that were illegally obtained through state capture.”
