The National Prosecuting Authority of South Africa
20 October 2024
The City Press, in their article today about Adv Anton du Plessis' security clearance, did not report accurately, despite detailed comments provided to the journalist.
Below is the full response that was sent:
The NPA is concerned about recent unwarranted and politically motivated attacks against the organisation and the smear campaign against its senior staff. The timing and nature of these attacks come from well-worn playbooks that aim to undermine the work of the NPA as it makes progress against serious corruption.
Some of these attacks relate to questions of security vetting of NPA staff. The NPA does not normally discuss security vetting of its staff as these are obviously confidential processes. We consider the timing of this leaked confidential information in a very serious light, and provide the following contextualised response.
The NPA has complied with all relevant prescripts and processes in relation to vetting of its staff in terms of relevant laws. It is well known that delays in vetting remain a challenge across government, and not just in relation to the NPA.
In the case of Adv du Plessis, he is a key member of the NPA’s leadership team and has delivered on his functions with the utmost levels of professionalism, integrity and honesty. As head of the NPA, the National Director, Adv Shamila Batohi, has absolute confidence in him and if required will sign a formal declaration under the Minimum Information Security Standards (MISS) document in this regard, as prescribed under the law.
Adv du Plessis and the NPA have fully complied with all vetting application prescripts and requirements. He submitted all vetting information on his first day of employment with the NPA in March 2021. He also underwent all required vetting processes, including the polygraph test. NPA leadership enquired several times regarding the delay in his vetting outcome, including that of other senior NPA colleagues.
After the complete vetting process, no adverse findings were discovered in relation to Adv du Plessis. After several follow up requests from the NPA over the past 3 years, on Friday 11 October 2024, the NPA was informed that the clearance has not been approved based solely on the fact that he holds dual citizenship - which is legal in terms of South African law. Adv du Plessis formally disclosed this at the outset of his vetting application and to the National Director when he was appointed. There is no legal impediment to holding dual citizenship under South African law.
It should also be noted that he has not been formally requested since the outcome of this vetting to consider relinquishing his UK citizenship. His position in the NPA will not be affected in terms of the NPA Act and there are policy guidelines as prescribed in the MISS document to mitigate against a denial of clearance. Moreover, each case must be judged on its own merits.
The NPA is engaging with relevant colleagues in SSA in this regard. We have complied with all relevant prescripts that apply in matters like this.
The NPA is delivering on its mandate to prosecute without fear, favour or prejudice. We will not be distracted by smear campaigns.
Statement issued by the NPA, 20 October 2024
