The Ministry of Justice and Constitutional Development has refuted claims that the National Prosecuting Authority’s (NPA) Investigative Directorate has been unable to access critical information from the State Capture Commission report.
This denial follows a report alleging that the NPA had been blocked from accessing crucial data from the State Capture Commission’s (the SCC) for over two years.
The report indicated that vital state capture evidence may have been lost due to a maintenance failure, after the NPA struggled to take control of the database compiled by the Zondo Commission investigators.
The Justice Department’s spokesperson, Tsekiso Machike, said they have noted the “misleading and factually inaccurate media reports.”
“The Department of Justice and Constitutional Development is the legal custodian of all the assets of the Commission including the data centre, following the expiry of the term of the SCC.
“The Department holds these assets on behalf of the South African State, government and people. This mandate arises from the custodianship of the Commissions Act, 1947, residing with the Minister of Justice and Constitutional Development,” Machike said.
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Machike said the department established a “Residual Mechanism” to deal with remaining matters of the commission.
“The Commission continues to supply and support all law enforcement agencies and other entities with data and information, as and when requested. Further, there is a Secretariat that continues to manage the data centre and support all law enforcement agencies and other entities in accessing the database.
“To ensure effective utilization of the data, the commission trained over 20 NPA investigators, providing them with direct access to the commission’s digital forensic platforms. The commission’s secretariat has consistently supplied the requested data and documents,” said Machike.
Machike said the department remains committed to “transparency, accountability, and the effective use of its data to support justice and governance in South Africa.”
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