Cape Town - Justice and Correctional Services Minister Ronald Lamola said the government was hard at work in developing an implementation plan for submission by President Cyril Ramaphosa in response to the Zondo Commission report.
Ramaphosa has until October to submit the plan to Parliament.
“This process is being co-ordinated by an inter-departmental task team established by the Presidency,” Lamola said when he was responding to an oral question in the National Council of Provinces.
ANC MP China Dodovu asked about mechanisms his department had in place to ensure that the recommendations of the final report of the Zondo Commission were implemented.
Dodovu also asked whether his department had the necessary human capital and financial resources as well as any programmes to implement the commission’s recommendations.
Lamola said the Department of Justice and Constitutional Development had established an internal task team to consider the Zondo Commission and its recommendations.
“All the recommendations have been analysed and a full set of those falling under my mandate have been identified,” he said.
Lamola also said the National Prosecuting Authority (NPA) together with the Directorate of Priority Crime Investigation (DPCI) had established an integrated multi-disciplinary task force to co-ordinate the response to the findings and recommendations.
“It includes senior representatives of the DPCI and heads of and additional representatives from the Asset Forfeiture Unit, the Independent Directorate (ID) and National Prosecuting Services and the Specialised Commercial Crime Unit within the NPA.
“The task force’s focus is to ensure a co-ordinated response to the work to be undertaken, to look at resources and assist in expediting investigations and successful prosecution of the matters.”
The ID was taking the lead in investigations and prosecuting state capture matters.
“In line with its mandate, the DPCI and offices of directors of public prosecutions are supporting investigations and prosecution of matters dealt with by the ID or bolstering capacity to expedite investigations and prosecution,” Lamola said.
He also said all the entities forming part of the task force were working in collaboration with each other.
The Asset Forfeiture Unit (AFU) was ensuring that proceeds of crime were seized, and the Special Investigating Unit (SIU) had constituted a committee chaired by its head, Andy Mothibi, to identify matters covered by the already issued proclamations and those not covered and requiring further investigation, among other things.
Lamola said his department would play a key role in the implementation of policy and legislative recommendations.
He said his department had the necessary resources to deliver on its mandate, but the NPA and SIU did not.
“Although the NPA made important progress in responding to state capture cases within its current budget allocation, it requires additional resources to respond in a full and effective way to the current and future workload stemming from the Zondo report.”
Lamola also said enhancing capacity and skills to prosecute corruption was a national priority.
“The NPA was allocated R1.1 billion over the medium-term expenditure framework to respond to these challenges. Sixty-eight percent of the allocation is to enhance the anti-corruption capacity of the NPA through additional staffing of the ID and AFU.
He undertook to provide the required tools of trade needed to deliver on their important mandate and appoint suitable personnel to support prosecution in high level complex matters.
“There is also a steep increase in the need for expanded witness protection, and security of staff is a priority.”
Lamola said capacity and skills enhancement also required a collaborative approach with multiple partners in the private sector that could assist with sophisticated responses for complex crimes.
“We will require attention to be paid to the independence of the NPA and its prosecution decision-making powers,” he said.
Lamola said they would ensure that the work of the NPA and collaboration partnerships they entered into for skills and resources did not compromise the NPA’s independence.
“The independence of the NPA is sacrosanct and is the oxygen through which the NPA is able to breathe justice to the people of this country.
“Whatever processes that require collaboration will be done through the National Treasury prescripts, required law and safeguards to ensure that the department, the National Treasury and the NPA must comply with the Public Finance Management Act and relevant prescripts and the NPA Act,” he added.
Asked whether the government was considering the creation of a Chapter Integrity Commission as proposed by Accountability Now, Lamola said the recommendations of the Zondo Commission were considered as a whole by the government.
“When the president reports to parliament, he will respond to some of these issues. I can state now that this Integrity Commission that is being proposed is not one of the considerations we are looking into,” he said.
Lamola also said the government was looking at a multi-disciplinary structure that conforms to the UN Convention Against Corruption and constitutional judgements, including the recommendation of the Zondo Commission.
Cape Times