Monday, July 14, 2025

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SCOPA Probes State Corruption Fight: SIU, Hawks, NPA and IDAC Detail Progress and Obstacles

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The Standing Committee on Public Accounts (SCOPA) received detailed briefings from South Africa’s key anti-corruption bodies on Tuesday, revealing the scale, complexity, and slow grind of prosecutions linked to government corruption and State Capture. The presentations were delivered by the Special Investigating Unit (SIU), the Directorate for Priority Crime Investigation (DPCI, also known as the Hawks), the National Prosecuting Authority (NPA), and the Investigating Directorate Against Corruption (IDAC).

Across all briefings, a consistent message emerged: progress has been made, but systemic delays, institutional coordination challenges, and legal bottlenecks continue to hamper the timely resolution of corruption cases.

SIU Reports on Thousands of Referrals but Highlights Tracking Challenges

The SIU, mandated to investigate maladministration and corruption in state institutions, reported that it had referred 3,374 criminal matters to the NPA between April 2020 and May 2025. These referrals span local, provincial and national government departments, as well as numerous state-owned entities.

The unit emphasised that each referral represents a person or legal entity, not necessarily an individual case docket. This has led to difficulties reconciling figures with the NPA, which clusters individuals and entities into broader cases.

To address this, the SIU has developed a Case Monitoring Mechanism in collaboration with the Presidency and State Information Technology Agency (SITA). The new digital platform went live in April 2025 and aims to create a unified system for tracking referrals, standardising case references, and reporting progress across institutions. The pilot phase covers referrals to the North Gauteng office of the NPA and will be evaluated in July for national rollout.

The SIU confirmed that the offences under referral include corruption, fraud, money laundering, public finance violations, and misconduct related to procurement during the COVID-19 pandemic.

Hawks Outline Ongoing Investigations Involving Billions in State Funds

Major General M. Makinyane of the Hawks told SCOPA that his unit is managing 355 dockets arising from SIU referrals, representing investigations involving a wide array of departments and public entities.

Out of these:

  • 72 cases have resulted in guilty verdicts
  • 96 are before court
  • 201 are under active investigation
  • 58 await prosecutorial decision

The Hawks disclosed significant financial implications, with billions of rand potentially lost or misappropriated across key sectors. Notable figures include:

  • Over R126 billion under investigation within the Department of Basic Education
  • Nearly R738 million related to the Department of Water and Sanitation
  • Around R437 billion involving municipalities

COVID-19 procurement fraud remains a substantial focus. Of 93 pandemic-related cases, 22 are before court with 73 accused (48 individuals and 25 corporate entities). Another 59 cases are still under investigation.

The National Lotteries Commission (NLC) is also under scrutiny. Eight SIU referrals have resulted in seven active dockets and one court case involving questionable funding to non-profit entities.

NPA Reports on Prosecutions, Challenges, and High-Profile Cases

The NPA, represented by its Specialised Commercial Crime Unit (SCCU), IDAC and the Asset Forfeiture Unit (AFU), outlined the prosecution pipeline stemming from SIU referrals.

Key Highlights:

  • 81 convictions in COVID-19-related prosecutions, many processed through the Fusion Centre
  • 26 dockets under active investigation involving the NLC
  • Major corruption trials stemming from State Capture Commission recommendations, including Transnet, Bosasa, and Estina Dairy Project

Several high-profile individuals, such as former Transnet CEO Brian Molefe, former CFO Anoj Singh, and former MP Vincent Smith, are either on trial or facing future court dates. The NPA noted, however, that some trials have been delayed by complex pre-trial motions or Section 342A inquiries, risking further postponements or even permanent stays of prosecution if not resolved efficiently.

Asset Forfeiture: Billions Frozen or Recovered, but Legal Opposition Mounts

The Asset Forfeiture Unit presented an assertive recovery record, reporting:

  • 86 confiscation or forfeiture orders, totalling R4.784 billion
  • 124 preservation orders, worth R12.6 billion
  • Total recoveries to date of R4.3 billion

These include:

  • R2.55 billion recovered from ABB in connection with Eskom contracts
  • R480 million from settlements in the Tegeta/Optimum Colliery saga
  • R1.115 billion from the McKinsey consultancy settlement
  • Various preservation and restraint orders against assets linked to PRASA, Ethekwini Municipality, Denel, and others

The AFU stressed that while asset recovery is accelerating, many cases are heavily contested in court. For example, multiple preservation orders related to Lottery funding have been subjected to prolonged legal opposition.

The AFU also recommended possible legislative reform to the SIU Act, which currently channels all referrals through the NPA rather than directly to investigating authorities, thus adding procedural delays.

Despite the complexity and obstacles involved, the coordinated presentations painted a picture of a criminal justice system that is attempting to recalibrate itself in response to the sprawling legacy of State Capture. SCOPA was urged to continue its oversight, particularly regarding the Case Monitoring Mechanism and broader institutional coordination.

All agencies agreed on the need for sustained collaboration, policy reform, and adequate resourcing to maintain momentum in the fight against corruption. With several high-profile cases moving to trial in late 2025 and early 2026, South Africa’s legal and accountability frameworks are entering a decisive phase in their response to past public sector malfeasance.

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