‘Politicians don’t like being bitten’: MPs call for independent alternative to NPA

The Department of Justice and Constitutional Development was on Tuesday grilled over its “slow” progress in implementing the State Capture Commission’s recommendations, with MPs calling for an anti-corruption body independent from the National Prosecuting Authority (NPA).

The department, NPA, and Special Investigative Unit (SIU), appeared before Parliament’s Portfolio Committee on Justice and Correctional Services to provide an update on their work.

‘Very expensive lesson’

During proceedings, Democratic Alliance (DA) MP Glynnis Breytenbach said South Africa has “learned a very expensive lesson” about the NPA’s independence from government.

“We have all seen what happens when you have an NDPP [National Director of Public Prosecutions] who is captured. We don’t want to go back there… we can’t afford to repeat these mistakes.

“What we are doing to re-establishing institutions that existed prior to state capture… and at great expense they were disbanded and now at great expense the being reconstructed. This is all the taxpayers’ money,” she said.

Breytenbach said she believed the anti-corruption agency should be completely independent because “politicians don’t like being bitten” if they are investigated.

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“As long as it is housed in the NPA, it will never be independent… will never fearlessly be able to go after politicians because it will always be in the back of their minds that they can be disbanded.”

African National Congress (ANC) MP Qubudile Dyantyi lamented the fact no timelines were provided for the creation of an anti-corruption agency.

“It’s one area, well, that says nothing, basically. We don’t even have timelines and there’s no indication as to where this matter is,” Dyantyi said.

However, Deputy Justice Minister John Jeffery, citing a court judgment, stressed it was not required for the agency to be a separate body.

“But these are things that need to be debated,” Jeffery said.

Watch the meeting below:

Presentation

Earlier, Justice Department’s deputy director-general Kalay Pillay told MPs research into the establishment of an anti-corruption agency, as recommended by the State Capture Commission, had been finished.

“The department has completed its comparative research on the models followed in other countries and is preparing a proposal on the recommendations for a model for South Africa’s anti-corruption architecture. The deadline was extended following the guidance received,” she said on Tuesday.

Pillay revealed draft legislation was also under consideration.

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The deputy director-general said the commission’s suggestion of making the Investigating Directorate (ID) a permanent entity within the NPA was being considered under the National Prosecuting Authority Amendment Bill, which was currently before Parliament.

She also said a clause on the legislative changes to the NDPP’s appointment had been removed from the bill since it was considered to be a constitutional amendment.

“The appointment is mandated by the Constitution,” Pillay said.

Pillay further said legislative changes would be required to address concerns about the NPA’s independence from the justice minister.

According to the deputy director-general, a draft document on the matter was expected to be finalised in December.