Lack of budget will render New Investigative Directorate of the NPA useless

20 March 2019

The Democratic Alliance (DA) notes the Proclamation signed by President Cyril Ramaphosa regarding the new Investigative Directorate of the National Prosecuting Authority (NPA).  While we have expressed our concerns regarding the constitutionality of this course of action, a far more worrying component is that during the budget speech in Parliament, Finance Minister, Tito Mboweni,  made no mention of any further funding for the NPA.  It is common knowledge that the NPA is under-resourced in terms of human resources as well as budget.  It cannot perform its functions on the budget currently allocated to it.

What the new Investigative Directorate is required to do is to investigate racketeering, corruption and fraud on an unprecedented scale.  This type of investigation is not only labour intensive (requiring very specific skills that the NPA currently does not have enough of) but is also very expensive to investigate.  It will be essential to make use of outsourced skills sets such as forensic auditing, cyber-forensic capability as well as deep knowledge of tax and financial matters.  These skills cost a tremendous amount of money.  It will be quite impossible to investigate the information coming out of the Zondo Commission, the Nugent Commission and the Mpati Commission without a vast budget.

So signing a proclamation for an Investigative Directorate to do this job is devoid of any concrete truth unless it is backed up by a budget to do the job.  Appointing a new NDPP is devoid of any real intention of correcting the criminal justice system unless Advocate Shamila Batohi is given the tools with which to do her job.  The job is difficult as it is, with no budget it is impossible and she cannot be expected to make a difference if her hands are tied.

What President Rampahosa is doing is smoke and mirrors, a very dangerous and disingenuous game.  Unless he backs up his big talk with a budget it is as good as doing nothing at all.  Unless the NPA is properly funded, it must be clear that the President has no intention of addressing corruption and going after the perpetrators (also in his Cabinet), but is merely trying to create the impression of being serious about it.  South Africans should not be fooled, the President talks a big talk, but fails miserably to walk his talk.

Issued by Glynnis Breytenbach, DA Shadow Minister of Justice, 20 March 2019