Saturday, November 9, 2024

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NPA’s Investigative Directorate strengthened by Presidential Proclamation

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The operationalisation and establishment of the Investigating Directorate Against Corruption (IDAC) is a crucial step in government’s fight against corruption in the country, says Minister of Justice and Constitutional Development, Thembi Simelane.

President Cyril Ramaphosa assented to the NPA Amendment Act in May, and on Thursday 15 August signed a proclamation bringing the Act into operation.

The establishment marked a “significant milestone in our fight against corruption,” said Minister Simelane, adding that “unlike the previous Investigating Directorate, IDAC’s permanence ensures its independence and the necessary parliamentary oversight.”

The NPA Amendment Act provides the IDAC with criminal investigation powers, with the Minister stating it would “enhance our capacity to combat complex corruption.”

It will further allow IDAC to “implement decisions from commissions of inquiry and uphold the recommendations of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption, and Fraud in the Public Sector.”

The Minister noted the “necessary regulations for section 19D(3) and section 22A(4) of the NPA Act have been prepared and will be published on 19 August 2024. Additionally, we are finalising regulations under section 8, which will allow for the appointment of a retired judge to oversee complaints related to IDAC investigators.”

Having held a successful meeting between business stakeholders and government earlier this month, the Minister announced that a commitment had been made to collaborate in setting up a digital evidence unit.

“The unit will extract and analyse data from encrypted devices such as cellphones and laptops to come up with the evidence needed to prosecute criminal cases of corruption successfully, specifically [in] cases related to state capture,” said the Minister.

Clarifying on who would have access to such data, the Minister stated that “the Department of Justice and Constitutional Development is the legal custodian of the Commission’s assets, including its data, on behalf of the South African State, government, and people. Law enforcement agencies have priority access to the data but do not have exclusive access or ownership.

“To facilitate this, the Commission amended its Regulation 11 to grant special access to its data,” noted the Minister, adding that the Commission had trained over 20 NPA investigators with the necessary skills to access its digital forensic platforms.

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