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The Citizen
3 days ago
- Politics
- The Citizen
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. ALSO READ: Lawyer, plumber and then security professional: Inside the elaborate cons of scammers nabbed by the Hawks 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.' ALSO READ: Shamila Batohi's been in the job for 6 years. Here's how many high-profile convictions she's secured 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

TimesLIVE
3 days ago
- Politics
- TimesLIVE
Higher learning should take centre stage at national dialogue: education activist
For thousands of students across South Africa, the dream of a university education often ends in heartbreak and education activist Hendrick Makaneta believes the country cannot look away. Makaneta described the national dialogue as 'the most significant initiative since the April 1994 breakthrough' and urged all South Africans, regardless of age, race or political affiliation, to support it. 'This is more than just a conversation. It is a national mission,' said Makaneta. 'If embraced sincerely, the national dialogue can lay a powerful foundation for healing, unity and nation building.' Makaneta told TimesLIVE that higher education must take centre stage in the process. 'Higher education must be part of the national dialogue, especially because of the challenges that it is facing,' he said. 'Among others are the challenges of funding, where some of the students find themselves excluded or unable to pursue their postgraduate studies due to historical debt.' Makaneta's remarks come at a time when more young South Africans than ever are struggling to access university, secure funding and complete their studies. Even those who do manage to enrol often face an uphill journey. 'We saw in one study where it was indicated that out of 12 students who enter higher education, only five graduate. Some never make it to the finish line,' he said. Another challenge is students caught in the so-called 'missing middle', those who do not qualify for the National Student Financial Aid Scheme (NSFAS) and cannot afford to pay fees. 'They are unable to get government funding and can't access loans either,' said Makaneta. 'They, too, are facing the biggest challenge, which is funding.' Despite policy progress since democracy, Makaneta said 'institutional autonomy continues to be a problem', with many university councils failing to represent marginalised voices. 'In most cases, these institutions tend to further the objectives of the neoliberal forces. They continue to be ivory towers, which are not always accessible when it comes to the transformative project,' he said. He believes students are not being heard enough, and professors often dismiss students' concerns. 'Even if students come up with demands, professors don't always listen because they believe they know better ... even those students who sit in university councils, their inputs are not always taken into consideration.' Makaneta said the government must urgently expand access by building new institutions. 'It can't be correct that only two institutions have been built since 1994. We need additional institutions which can admit as many students as possible,' Makaneta said. He also advocated for curriculum reform, citing the high youth unemployment rate and the skills mismatch in the economy. 'The jobs that exist today are slowly but surely becoming obsolete. We're moving into 5IR, and the government needs to make the curriculum more relevant to help grow the economy,' he said. He added that free higher education should be on the agenda during the national dialogue. 'All that is required is the political will. South Africa has a lot of resources which can be tapped into.' Makaneta encouraged young people not to give up on the country or the process. 'The national dialogue should inspire hope. It brings together civil society, political leaders and ordinary people. For the first time in a long time, we can meet as a society and talk about the challenges that matter most.'

IOL News
5 days ago
- Politics
- IOL News
Mashatile's keynote on youth empowerment: A look at South Africa's progress since 1994
Deputy President Paul Mashatile delivered the keynote address during the Youth Day commemoration. Image: Jairus Mmutle/GCIS Deputy President Paul Mashatile has delivered his keynote address at the government's National Youth Day commemoration event in Potchefstroom, North West. In his keynote address, Mashatile took the opportunity to reflect on what he termed the major victories of the democratic dispensation. 'While challenges remain, allow me to briefly reflect on some of the major victories that our democratic dispensation has registered in advancing youth empowerment since 1994,' said Mashatile. 'Firstly, at the Basic Education level, we have transformed the matric pass rate from 58% in 1994 to a historic 87.3% in 2024. This is the result of three decades of making education an apex priority of government. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading 'Our basic education system has gradually transformed whilst redressing the generational legacies of Verwoerd's Bantu education system. While we are not yet where we wish to be, we are also far from the inequality and disregard inherited in 1994,' he said. Secondly, Mashatile said in higher education, South Africa's National Student Financial Aid Scheme has been a catalyst for widening access to higher education for the marginalised. The scheme has grown from a modest budget of R33 million in 1991, serving only 7,240 students, to over R52 billion today, funding more than 1.1 million students at universities and TVET colleges. 'As a result of this sustained investment, the demographic composition of our higher education system has been fundamentally transformed. In 1994, there were 266,190 black students, representing 50.4% of the total student population. By 2020, that number had grown to 862,313 black students, constituting 80% of enrolments,' said Mashatile. He said South Africa has also met and surpassed gender parity in higher education participation rates, with over 60% of graduates from colleges and universities now being young women. Mashatile said at the beginning of this month, 205,000 young people were placed in jobs through Phase 5 of the Basic Education Employment Initiative as part of the Presidential Employment Stimulus. 'In 2023, as our democratic dispensation turned 30, the Department of Women, Youth and Persons with Disabilities made a commitment to move beyond advocacy and begin to conceive nationwide transformative projects, with a particular focus on poor and marginalised communities,' he said. Earlier, Mashatile said on Youth Day South Africa honours and pays tribute to the valiant and fearless young people who stood at the forefront of the liberation struggle on June 16, 1976. 'Regardless of their youthful stature, the youth of 1976 stood strong in the face of the oppressive system of the apartheid regime. They faced death with unwavering determination, fuelled by a vision of equal rights and a more just society,' said Mashatile. 'It has been 49 years since that significant day, yet we will always remember the student leaders like Tsietsi Mashinini and Hastings Ndlovu who orchestrated the mass demonstration that transformed our nation. 'We must never forget those who joined the long list of martyrs and paid the ultimate price for our freedom. These are the young brave souls who fought for a dream that they never saw come to life, a dream that continues to inspire and guide us,' he said. By taking action in 1976 against an enforced Afrikaans language as the exclusive medium of instruction in African schools, Mashatile said those young learners were carrying out the path of struggle defined by their forefathers through the Freedom Charter.

IOL News
5 days ago
- Business
- IOL News
‘We have transformed the matric pass rate': Deputy President Paul Mashatile's Youth Day message
Deputy President Paul Mashatile delivered the keynote address during the Youth Day commemoration at North West University, Rag Farm Stadium. Image: HigherEducationZA/X Deputy President Paul Mashatile has delivered his keynote address at the government's National Youth Day commemoration event in Potchefstroom, North West. IOL reported on Sunday that Mashatile will stand in for President Cyril Ramaphosa as the keynote speaker, as Ramaphosa travelled to Canada for the G7 Leaders' Summit. In his keynote address, Mashatile took the opportunity to reflect on what he termed the major victories of the democratic dispensation. 'While challenges remain, allow me to briefly reflect on some of the major victories that our democratic dispensation has registered in advancing youth empowerment since 1994,' said Mashatile. Get your news on the go, click here to join the IOL News WhatsApp channel. 'Firstly, at the Basic Education level, we have transformed the matric pass rate from 58% in 1994 to a historic 87.3% in 2024. This is the result of three decades of making education an apex priority of government. 'Our basic education system has gradually transformed whilst redressing the generational legacies of Verwoerd's Bantu education system. While we are not yet where we wish to be, we are also far from the inequality and disregard inherited in 1994,' he said. Secondly, Mashatile said in higher education, South Africa's National Student Financial Aid Scheme has been a catalyst for widening access to higher education for the marginalised. The scheme has grown from a modest budget of R33 million in 1991, serving only 7,240 students, to over R52 billion today, funding more than 1.1 million students at universities and TVET colleges. 'As a result of this sustained investment, the demographic composition of our higher education system has been fundamentally transformed. In 1994, there were 266,190 black students, representing 50.4% of the total student population. By 2020, that number had grown to 862,313 black students, constituting 80% of enrolments,' said Mashatile. He said South Africa has also met and surpassed gender parity in higher education participation rates, with over 60% of graduates from colleges and universities now being young women. Mashatile said at the beginning of this month, 205,000 young people were placed in jobs through Phase 5 of the Basic Education Employment Initiative as part of the Presidential Employment Stimulus. 'In 2023, as our democratic dispensation turned 30, the Department of Women, Youth and Persons with Disabilities made a commitment to move beyond advocacy and begin to conceive nationwide transformative projects, with a particular focus on poor and marginalised communities,' he said. Earlier, Mashatile said on Youth Day South Africa honours and pays tribute to the valiant and fearless young people who stood at the forefront of the liberation struggle on June 16, 1976. 'Regardless of their youthful stature, the youth of 1976 stood strong in the face of the oppressive system of the apartheid regime. They faced death with unwavering determination, fuelled by a vision of equal rights and a more just society,' said Mashatile. 'It has been 49 years since that significant day, yet we will always remember the student leaders like Tsietsi Mashinini and Hastings Ndlovu who orchestrated the mass demonstration that transformed our nation. 'We must never forget those who joined the long list of martyrs and paid the ultimate price for our freedom. These are the young brave souls who fought for a dream that they never saw come to life, a dream that continues to inspire and guide us,' he said. By taking action in 1976 against an enforced Afrikaans language as the exclusive medium of instruction in African schools, Mashatile said those young learners were carrying out the path of struggle defined by their forefathers through the Freedom Charter.

TimesLIVE
09-06-2025
- Politics
- TimesLIVE
Universities and TVETs owe NSFAS R11.94bn, says Nkabane
Higher education and training minister Nobuhle Nkabane says universities and Technical and Vocational Education and Training (TVET) colleges owe the National Student Financial Aid Scheme (NSFAS) R11.94bn for the 2017 to 2023 academic period. This was revealed in a written parliamentary question from the DA. Universities owe R10.46bn, while TVETs owe R1.48bn. Nkabane said the amounts are subject to a reconciliation process between NSFAS and the institutions. 'Institutions are expected to sign an agreement on assets and liabilities relating to the student accounts,' she said. 'NSFAS is preparing the 2024 reconciliations.' This comes amid challenges facing NSFAS, including student accommodation and funding issues. Recently, students at the Northern Cape Urban TVET college in Kimberley protested by burning offices because of delays in receiving their NSFAS allowances. The DA urged NSFAS to use the recouped funds to address some of the issues faced by students. 'Given the recent mid-academic year defundings of NSFAS students that force many of them to abandon their studies or leave them destitute and hungry, the DA encourages NSFAS to use the recouped funds to ensure students receive their allowances on time and to ensure no student is defunded midyear, especially if NSFAS previously indicated they would be funded. 'While the DA understands NSFAS must root out payments to students who do not meet the funding requirements, midyear defundings is a NSFAS failure to process students correctly and in time and should not be used to punish students.'