The National Prosecuting Authority (NPA) is prioritising the appointment of the next head of its investigative directorate as it prepares to lay criminal charges against those implicated in state capture, justice minister Ronald Lamola said in an interview this week .
President Cyril Ramaphosa announced in his state of the nation address on Thursday that the replacement of Hermonie Cronje was imminent.
Lamola said the NPA was moving with speed to find a new head of the ID, with internal candidates being preferred as a way to fast track the process.
“Yes locally, internally in the NPA, and also in the practitioners out there,” said Lamola.
“Obviously we’ll have to live with what we get but I do believe we’ll be able to get a suitable person soon.”
The ID was established to probe and prosecute fraud and corruption cases emanating from the state capture commission of inquiry.
Cronje quit her position in November last year after apparently complaining about a lack of resources to carry out this mandate.
At the time, NPA head Shamila Batohi denied that Cronje's departure amounted to a crisis, but Lamola conceded there were leadership challenges related to Cronje's departure.
“Obviously we did get an explanation from the NPA and I do not want to add anything from what Shamila has already said in public about the issue,” Lamola said.
“There are indeed challenges that we have to attend to with regards to location of the ID, the permanency of the ID and all that. But all that will evolve out of the work also from the commission.”
Lamola said while the ID had been set up as a temporary structure, the latest state capture commission reports warranted a permanent body, which he said would also help resolve funding and human capital.
“It’s clear that from the outcomes of the Zondo Commission these matters will be with us for a long time, so the ID has to evolve to be permanent, but the location — where and how — is something that we’re still also deliberating internally.”
Lamola explained the rationale behind Ramaphosa's announcement that investigators who worked for the Zondo commission would now be absorbed into the NPA.
“The rationale is that those investigators already have ... knowledge of the matter, so if you allow them that transition to help the Hawks and the NPA you are not starting afresh.
“For example if you get a new person, an investigator or even an advocate, it means you must start briefing them with all those files, it means they must start from zero. But these ones already have the knowledge, they have dealt with the matter that side, it means they will just hit the ground running and continue with the investigation and decision to prosecute.”
Lamola said ID was already “seized” by at least 37 high profile state capture cases, with 14 enrolled in court and three more due to be added next month.
“We acknowledge the fact that these people no longer have time. That’s why we need people who already have the knowledge and those that will obviously have the necessary expertise that will help. So we cannot put a deadline on investigations and prosecutions, you can’t, but it’s informed by the pace of the matter. There are various factors that influence it but at the end we understand the urgency of them attending to these matters.
Reality is that it’s not like there’s nothing that is happening
“But reality is that it’s not like there’s nothing that is happening; for example, the Estina matter, it’s already in the court roll, it emanates from the state capture commission. It’s not only this one, there are matters that are already on the roll.
"Another example is where some of the firms have already paid back some of the money they have embezzled, billions of rands from big multilaterals. So there’s already a dividend that we have gained from the outcomes of this state capture processes,” he said.
Lamola defended the Judicial Service Commission after criticism over the conduct of some of its members during interviews of candidates running for the position of chief justice last week.
He said calls for the removal of politicians from the JSC were unfair and heated debated during interviews should be expected.
Lamola argued that the JSC should instead develop a code of conduct that guides the line of questioning and how members should handle themselves during interviews.
“It cannot be assumed that by removing politicians therefore you would have then brought back the decorum of the structure. The reality is that in that kind of a platform there will be heated moments. Even with the judges themselves, sometimes they take each other on, it happens, and that is the nature of the platform,” Lamola said.
“It’s expected to be robust. But ... it can’t be a structure that tarnishes the decorum of the judiciary, I agree on that.”
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