NPA out of depth, and needs help to fight crime

The National Prosecuting Authority (NPA) is out of its depth, experts say, and it needs help.

But the public-private crime-combating alliance announced by President Cyril Ramaphosa could be disastrous if not implemented and managed transparently. In the 2022 State of the Nation Address (Sona), Ramaphosa said
the government had gratefully acknowledged the offer of support from the private sector to assist in providing government with skills needed to investigate and prosecute crime.

He said to ensure the NPA remained true to its constitutional obligation and ensure transparency, his regime was developing a structure for private sector cooperation to be managed through National Treasury. This as the private business sector plays its cards close to the chest on the nature of capacity and resources that NPA lacks in
prosecuting complex criminal cases.

Business Unity South Africa (Busa) boss Cas Coovadia said they have offered help but said modalities of this assistance were yet to be discussed with the NPA, who would decide on their priority needs.

“They have to decide on their priority needs and we need to respond to those… We will not, and cannot, determine for the NPA what its capacity needs are,” said Coovadia.

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University of Witwatersrand lecturer in the school of law, Blake Martin, said the NPA had confessed its shortfalls in dealing with state capture cases and that this raised concerns for those invested in a just and equitable
outcome. He said the private sector had much to offer in quelling these concerns but said whether the NPA proceeds with or without the help of the private sector, its functions must be applied within its constitutional obligation.

Martin said public-private alliance in prosecution was a new concept for SA that will need vigorous legislation to defend the integrity of the judicial system.

“The independence of the NPA is something the public cares about,” said Martin.

“But the public also cares about an effective response to corruption and is growing tired of protracted litigation.” Deborah Mutemwa-Tumbo, attorney and partner at Tumbo Scott Inc, said the partnership could be a positive and innovative solution as the criminal justice system did not have the full capacity required to respond to the scourge of state capture.

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She said – considering the state’s implementation track record – it was hard to see how this alliance would be practically carried out. Mutemwa-Tumbo said government could benefit from the private expertise and capacity,
saying this could also mean government would not need to hire full-time staff to respond to state capture.

“One must hope that the government does not fall to the default position of nepotism or working with untransformed service providers… Capacity and resources are certainly a huge factor when it comes to the NPA’s
ability to respond to state capture,” she said.

Olwethu Majola, doctoral candidate at the Centre of Criminology at University of Cape Town, said she was familiar with international agencies providing technical and financial support but said, compared to other African countries, SA was new to this avenue.

“I agree that a framework must be thoroughly investigated and designed to suit the context of SA but we would firstly have to assess the state of our institutions and determine what exactly it is that we need – and thereafter look
into building the most suitable partnerships” she said.

– siphom@citizen.co.za