Hawks, NPA explain why corruption investigations, prosecutions take long
The Hawks has to outsource certain skills to handle complex investigations due to internal capacity constraints.
Members of Parliament (MPs) at the Good Hope Chamber on 5 May 2025 in Cape Town. Picture: Gallo Images/ER Lombard
The Hawks and the National Prosecuting Authority (NPA) have explained the delays in investigating and prosecuting corruption cases to Parliament, citing challenges such as limited resources and complex legal processes.
On Wednesday, officials from the NPA and the Directorate for Priority Crime Investigation (DPCI) appeared before the Standing Committee on Public Accounts (Scopa).
They provided an update on corruption cases referred by the Special Investigating Unit (SIU).
SIU referrals to Hawks
During the meeting, SIU head Andy Mothibi clarified that the unit refers matters to the NPA only when it believes that the evidence suggests criminal conduct.
'Whether it meets the criminal standard or not is for the NPA to decide,' he said.
Mothibi noted that 3 374 referrals had been made over a five-year period between April 2020 and May of this year.
These referrals often involve multiple individuals or companies.
Mmeli Makinyane, component head of the Hawks' serious commercial crime, indicated that the DPCI had processed 355 dockets originating from SIU referrals.
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He stated that 58 of these cases are currently before the courts, 96 dockets are awaiting a decision from the NPA, and 201 are still under investigation.
According to Makinyane, 72 cases have resulted in guilty verdicts, while one ended in acquittal.
The NPA declined to prosecute 15 cases due to either insufficient evidence or poor prospects of success.
Makinyane further explained that these cases involved various government departments and state-owned entities, including Denel, Eskom, and several municipalities.
Watch the meeting below:
Many of the cases are tied to allegations of fraud, theft, corruption, and related offences.
A significant number of the referrals came from the Department of Higher Education and related to fraudulent applications to the National Student Financial Aid Scheme (Nsfas).
He added that four cases linked to state capture had been investigated, one of which led to a conviction.
In relation to Covid-19, the Hawks received 93 referrals from the SIU.
Of these, 22 are now in court, 12 have been submitted to the NPA, and 59 are still under active investigation.
Skills gaps continue to hamper Hawks investigations
Makinyane conceded that the Hawks had to outsource certain skills to handle complex investigations due to internal capacity constraints.
'The issue of resources always comes and hits us hard when we get to the time that we take in finalising our matters,' he told MPs.
Patrick Mbotho, Hawks' divisional commissioner for national priority offences, pointed out that the DPCI's forensic accounting capacity is 'very limited' and that the recruitment of the required skills is often slow.
'Our procurement is not the fastest,' he said.
He also mentioned that delays in declassifying documents posed additional hurdles.
'These are the kind of challenges that we sometimes face.'
NPA faces constraints in prosecution processes
National Director of Public Prosecutions (NDPP) Shamila Batohi addressed the limitations faced by the NPA once it receives cases.
She informed the committee that most matters are referred to the Hawks for further investigation, as the Investigating Directorate Against Corruption (IDAC) lacks the necessary capacity.
'IDAC is a very small part of the work in any event. There's still a large number that goes to the DPCI,' she said.
Batohi stressed the difference between criminal and civil standards of proof.
'There are still investigations that need to be done in order to meet the criminal standard so that we can make the decision to prosecute.'
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She also revealed that a digital evidence unit had been established within IDAC to improve analysis of electronic evidence.
'The capacity is still small, but this is potentially something that is a game changer,' she said.
Batohi emphasised that digital devices like phones and laptops are now critical sources of evidence and require rare, expensive skills that have been 'delaying a lot of these cases'.
She clarified that while Directors of Public Prosecutions (DPPs) in each province are authorised to make decisions on prosecutions, the NDPP only intervenes in specific cases.
'An NDPP is a review mechanism that can review decisions of DPPs in various circumstances.'
NPA explains delays in cases
IDAC's chief director of investigation and information management, Matthews Sesoko, told MPs that the nature of the investigations contributes to the delays.
He further highlighted that since the unit's establishment in August last year, recruitment efforts had struggled to attract individuals with the necessary skills.
'That on its own takes time for us to be properly capacitated to move quicker with our investigations.'
Sesoko said many of the cases under investigation involve Eskom and Transnet contracts.
Some of these cases are already in court, but others have been pending for extended periods due to the number of accused.
READ MORE: 'Unacceptable': Judiciary budget constraints, shortage of judges and backlogs
'The accused persons will lodge interlocutory applications which we will have to respond to and that itself lengthens the cases.
'The accused persons will also, from time to time, change legal representations and that also delays matters moving forward.'
Nkebe Kanyane, Special Director of Public Prosecutions from the Special Commercial Crime Unit, explained that most of the postponements were not caused by the state.
'There were cases where of course the docket was not in court so that is the state's fault,' she remarked.
Kanyane revealed that the NPA had collected nationwide court data to determine reasons for delays.
Infrastructure issues such as load shedding and water shortages, along with the unavailability of prosecutors, presiding officers, defence counsel, or the accused, were among the reasons identified.
She added that there were 74 cases in which the NPA had declined to prosecute.
Civil recovery
Batohi spoke about the value of civil recovery through the Asset Forfeiture Unit, describing it as an effective tool in the fight against corruption.
She clarified that civil recovery allowed the state to reclaim funds without needing a criminal conviction, particularly when companies disclose their involvement and cooperate with investigators.
'Individual persons are still subject to prosecution, but the benefit of the resolution is that the corporate agrees to actually work with the investigators to provide evidence against individuals.'
Batohi also raised concerns about witness protection, which she identified as a key barrier to successful prosecutions.
'People coming forward to speak out against corruption put their lives at stake,' she said.
She acknowledged the NPA's difficulties in retaining skilled professionals, citing competition from the SIU and South African Revenue Service.
NOW READ: A national embarrassment? 'Scorpions 2.0' bill pitched to save failing NPA
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