VBS-accused Simelane denies blocking NPA’s access to state capture evidence

Justice and Constitutional Development Minister Thembi Simelane has refuted claims of obstructing state capture prosecutions by withholding information from the National Prosecuting Authority (NPA).

Last month, News24 reported that the NPA and the Investigating Directorate (ID) lost access to a vast digital evidence database compiled by investigators from the Commission of Inquiry into Allegations of State Capture, due to insufficient maintenance.

The evidence is stored in a secure cloud, alongside an extensive archive of physical materials housed in numerous boxes.

According to the NPA, without access to the digital data, the ID will struggle to make significant progress in state capture cases.

The NPA reportedly raised concerns about access with Simelane, her deputy, and the department’s director-general, but these issues remain unresolved.

Simelane, NPA in Parliament over state capture

Appearing before Parliament’s Portfolio Committee Justice and Constitutional Development on Tuesday, Simelane denied that the NPA and ID were being prevented from accessing the crucial information.

“If you ask me where is the state capture information, I haven’t even been taken to that room, if it’s a room or in the sky.

“I am here because you have called and I have come here to account to you. I will always do that [because] I made a commitment.

“I said I am willing to relook into the matter, [then] the following week it was a newspaper article,” she told the committee.

ALSO READ: Thembi Simelane won’t be shielded from VBS allegations, says her deputy

“I even tried to ascertain with the DG [director-general] as to whether there are any outstanding requests that have been made by the NPA or any state agencies that need information with regard to state capture; so that at least I will make sure that everything is up to date and try to look into the process and the systems,” Simelane continued.

National Director of Public Prosecutions (NDPP) Shamila Batohi informed MPs that the NPA and ID wanted “unhindered access”.

“The ID has been provided levels of access, but not the access that it needs,” Batohi said.

Watch the video below:

PC on Justice and Constitutional Development Chairperson, Mr Xola Nqola opens the meeting about the Zondo Commission database ⁦@ParliamentofRSA⁩ ⁦@HealthSocClust⁩ ⁦⁦@DefenceCluster⁩ ⁦@Xola_Nqola⁩ ⁦@DOJCD_ZA⁩ ⁦@NPA_Prosecutes⁩ pic.twitter.com/Zo7eelbloE

— Justice-and-security-Cluster (@JustSecuCluster) September 10, 2024

VBS allegations against Simelane

Simelane has been under pressure in recent weeks after it was revealed she was given a loan from a person implicated in the VBS banking scandal.

There have even been calls for her to resign.

Opposition politicians and civil society organisations have argued that there is a conflict of interest in Simelane being the justice minister while also facing an investigation. There are also concerns about her proximity to the NPA and other law enforcement agencies.

Manyi criticises NPA

Meanwhile, uMkhonto weSizwe (MK) Party chief whip, Mzwanele Manyi, on Tuesday questioned the NPA’s progress in securing convictions related to state capture.

Manyi pointed to the NPA’s failure to extradite the Gupta brothers from the United Arab Emirates (UAE), as well as the discharge and acquittal of all defendants in the R24.9 million Nulane Investments fraud case.

READ MORE: NPA’s uphill battle: Advocate Batohi addresses progress and setbacks

“South Africa is being told that we are chasing these people, but there is nothing tangible from the authorities that corroborates this, so I think we are just being led through the garden path by these people,” he said.

The MK party MP suggested that the pursuit of those responsible for state capture was “just a mirage to keep everybody excited when newspapers have got nothing to write about”.

Watch the video below:

PC on Justice and Constitutional Development meeting on the Zondo Commission database. Hon Mzwanele Manyi engage on the presentation. @ParliamentofRSA @HealthSocClust @DefenceCluster @Xola_Nqola @DOJCD_ZA ⁦@NPA_Prosecutes⁩ pic.twitter.com/nHPHydoZwv

— Justice-and-security-Cluster (@JustSecuCluster) September 10, 2024

Manyi implicated in state capture

Manyi was implicated in the first instalment of the final state capture report, released in January 2022 by former chief justice Raymond Zondo, who chaired the commission.

He was accused of facilitating state capture during his 18-month tenure as the CEO of the Government Communication and Information System (GCIS).

The Gupta-owned The New Age newspaper allegedly received millions of rands in government advertising and sponsorships under his leadership.

Manyi, however, strongly condemned the Zondo Commission’s findings, calling them “rubbish” and claiming that they were not supported by credible evidence.

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