The Department of Justice and Constitutional Development is at loggerheads with the National Prosecuting Authority (NPA) over access to a database with crucial State Capture evidence.
Yesterday, justice and constitutional development minister Thembi Simelane appeared before the Parliamentary Committee on State Capture data access.
She was accompanied by advocate Doc Mashabane, director-general of justice and constitutional development, and advocate Shamila Batohi, national director of public prosecution.
Simelane reiterated the department’s commitment to working with the National Prosecuting Authority Investigative Directorate on the matter of the data of the State Capture Commission.
This, after News24 reported last month that NPA bosses were locked in a stand-off with the justice ministry, which had, for years, blocked full access to vital state capture evidence, which was stalling the permanent establishment of the Investigating Directorate.
It added that the NPA and Investigating Directorate had completely lost access to a large digital evidence database gathered by Zondo Commission investigators, and the trove of incriminating information it contains, because of a lack of maintenance.
The Zondo Commission was established in January 2018 by former president Jacob Zuma to investigate allegations of State Capture, corruption and fraud in the public sector in South Africa.
By December 2020, the commission had interviewed 278 witnesses and collected 159 109 pages and one exabyte of data as evidence. It received eight extensions to finish its report, with 15 June 2022 being the end of its mandate.
The first part of the report was published on 4 January 2022, and the fifth and final part was published on 22 June 2022. It cost the state close to R1 billion, far more than any prior South African judicial inquiry.
Unhindered access
The justice department is the legal custodian of all the assets of the commission, including the data centre.
Speaking at a meeting of the portfolio committee on Justice and Constitutional Development on Tuesday, Simelane said she remains willing to look into the matter.
“I am here because you have called me to account and I’ll always do that. I have not met anyone to block anything. I made a commitment that I am willing to relook into the matter. I can’t block anyone.”
Simelane said she still needed to be taken to the data centre to verify it. “If they say it is sitting in the department, I will say open that room.
“I have even tried to ascertain with the DG if there are any outstanding requests that have been made by the NPA, or any of the state agencies that need any information with regard to State Capture so that at least, I’ll make sure everything is up to date and try to look into the processes and statements…[that] were agreed.”
Simelane refuted allegations that she is blocking the NPA’s access to the data and views them as malicious, unwarranted, baseless and unfair to her.
“I have met with the national director of public prosecution after being entrusted with the responsibility as the minister of justice and constitutional development to take the NPA into my confidence that I am going to give the authority and other law enforcement agencies my support on any matter,” she said.
Batohi said the Investigating Directorate requires “unhindered access” in order to fulfil its duties.
“When we talk about access, we talk about unhindered access to the archives but I hasten to add, working within the legal and constitutional requirements. The Investigating Directorate has been provided levels of access but not the access that it needs,” Batohi said.
“It is unfortunate that the minister has been drawn into this by the media reporting that she blocked access to the State Capture data; we can confirm that the minister has been truly supportive.”
In a statement last month, the department said it had responded to requests for data from law enforcement.
It clarified that co-operation between the ministry and the NPA Investigating Directorate remain cordial and professional.
“On 31 July 2024, the ministry met with a number of the entities of the department, and it pledged its unwavering commitment to support the work of the NPA and its Investigative Directorate,” the department said.
“The commission’s secretariat has consistently supplied the requested data and documents. The secretariat has positively responded to data requests from various law enforcement agencies, including the NPA’s ID, DPCI [Directorate of Priority Crime Investigations], Asset Forfeiture Unit, Financial Intelligence Centre, South African Revenue Service, Special Investigating Unit, and some state-owned enterprises.
“The remaining staff that is experienced in data science and programming, continue to support ongoing projects,” it added.
Firm resistance
Meanwhile, opposition political party ActionSA says it is deeply concerned by the department’s apparent failure to support the NPA in its pursuit of State Capture investigations and prosecutions.
It comments that this is particularly in light of the NPA’s submission before the Portfolio Committee on Justice, which highlighted its four-year struggle to obtain unhindered access to critical State Capture evidence.
“At a cost of R100 million, the critical database from the State Capture Commission, which itself cost taxpayers R1 billion, represents the most substantial investment made in justice, and thus, we believe that any attempt to obstruct efforts to hold those implicated in state capture accountable must be met with firm resistance from all who uphold the rule of law,” says the political party.
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