NPA joins forces with international law firms to seize billions plundered overseas

The National Prosecuting Authority (NPA) is set to partner with international law firms to help seize assets and billions that have been looted and transferred overseas by state-arrested collaborators. NPA director Shamila Batohi, accompanied by her management team, presented her plans before Parliament’s justice and correction services portfolio committee during a budget and work plan presentation on Tuesday. Collaborating with other overseas entities and experts was the way to go, Batohi said, noting that whether or not a person was mentioned in state capture reports will not be the reason behind the NPA’s decision to to pursue or not ….

The National Prosecutor’s Office (Postcode) is intended to partner with international law firms to help seize assets and billions that have been plundered and transferred overseas by state arrest collaborators.

NPA Director Shamila Batohi, accompanied by her management team, presented her plans before Parliament’s Justice and Correction Services Portfolio Committee during a budget and work plan presentation on Tuesday.

Collaborating with other overseas entities and experts was the way to go, Batohi said, noting that whether or not a person was mentioned in state capture reports will not be the reason behind the NPA’s decision to to pursue or not.

“We follow our trials and evidence on whether to prosecute or not,” said Batohi.

He said the prosecutor is halfway through the implementation of its five-year strategic plan. Another collaboration through a task team comprised of the Hawks and the state capture commission was formed to ensure the smooth prosecution of those accused of state capture, Batohi added.

“The plan is paying off, we are on the right track even though we have had to set priorities, which is understandable as it speaks to the heart of corruption. The next six months will be prudent and defining for the NPA, we have had to reorganize, refocus and prioritize to make sure we respond to the Zondo reports.

“This success will attract an increase in attacks on the NPA and its staff. But we are ready “.

READ ALSO: NPA needs R750 million to meet the Zondo fee

Batohi added that an extension of the NPA’s investigative direction (ID) is important to expedite cases.

“The ministers [of Justice Ronald Lamola] spoke about the ID mandate in our last meeting. His opinions will be crucial to carry out the work of the ID. We have ongoing engagements with the Zondo commission about using their digital forensic lab … we will be able to reach agreement on how the ID can quickly access those critical cases. “

The ID has declared 82 investigations and enrolled 20 cases for 65 suspects.

The unit was established in 2019 as a temporary operational intervention to address the corruption crisis in the country, particularly the flurry of state capture cases that have penetrated the state and its public enterprises.

His five-year term expires in 2024. Andrea Johnson as appointed by President Cyril Ramaphosa two months ago leading the unit, following the resignation of Hermione Cronje.

A tight six-month deadline between April and September was set to prosecute nine high-level corruption cases, Batohi told lawmakers.

READ MORE: NPA in depth and needs help fighting crime

Seizure of foreign assets

As a work of state arrest commission calms down, public pressure increases on the NPA to send alleged looters to jail.

The MPs asked the NPA leadership why it took so long to bring the “big fish” to justice and, hopefully, to imprisonment.

“The criticisms of the perceived slowness in legal proceedings are valid. You may be making progress, but people want to see the results, ”said Glynnis Breytenbach, Democratic Alliance (DA) MP and former senior prosecutor.

Batohi replied that people tend to forget good results too quickly.

“I agree that we have to produce results, we are not where we want to be. There have been some positive cases and we get congratulatory comments that we are on the right track, but they quickly forget the good work.

“However, we need continued results … we are on the right track and we have dedicated and incorruptible leaders in the NPA and I am more confident than ever to carry on our work.”

collaborative

Collaboration is underway with international companies to track down and recover the looted money.

“We realize that if we want to bring back the billions, they are estimated to be a trillion [rand] was stolen through state capture – we need a bold and innovative resource recovery strategy. We have worked on it, we certainly think it will bring us closer to getting the money back, “he told the parliamentarians.

In government circles, negotiations have been underway for some time on the extradition of the fugitive Gupta family, which was at the center of the alleged looting of state-owned enterprises.

Last year, Lamola told reporters during a media briefing that the family would be brought back from the United Arab Emirates (UAE) to respond. The two countries were finalizing a 10-year ratification of extradition and mutual legal assistance treaties to allow for cooperation, including extradition of the family, which hastily left South Africa as evidence of the state’s capture began to build.

policy

Batohi denounced the state of the SA Police Service (lymph).

A stable and well-functioning SAPS, including good crime intelligence work, was urgent, he told lawmakers.

“We depend on the police investigation, if there is no good training, if the quality of the investigation is poor, it will have an impact on the prosecution, and that is across the board. We work closely with the SAPs in all cases, including the riots in July, but at the end of the day we are not investigators, it is necessary to invest to empower the SAPs and bring stability.

He said he hoped the appointment of new police commissioner general Fannie Masemola would help stabilize the police as good intelligence successfully guides prosecutions in tough organized crime cases, such as copper cables, railway infrastructure and fuel theft.

“If we don’t have solid intelligence, there is no way we will be able to work properly, there is no way we will have an impact… so we depend on good criminal intelligence.

“At the moment, unfortunately, we are not doing well. We need to improve this because people think that South Africa is a paradise for criminals. We need to look directly at this, it is having an impact on our country in a seriously devastating way.”

READ ALSO: State Capture: ANC Government’s Gallery of Shame

Court cases in numbers

According to Prosecution Chief of Services Rodney de Kock, the NPA’s conviction rate in sex crime cases was 75%, despite the impact of Covid-19 which shut down judicial services during the tough lockdown.

For the previous financial year, there were 137,956 cases registered with verdicts. The financial year 2021/2022 has 153,000 judgments by the courts.

“This indicates an 11% improvement in the number of cases we have finalized in our judicial roles in the last financial year, taking the impact of Covid, we are pleased that we are moving in the right direction, things are returning to normal.

“However, Covid caused a huge disruption in our role in court and led to an increase in the backlog. We now hold monthly operational meetings with the heads of the courts, focusing on the backlogs and the actions needed to reduce them. ”

He said there were 527,000 new cases on the list in 2021 and 556,000 in the current financial year, a 5.5% increase in all courts.

The NPA has secured at least 201 life sentences in the current year. There were 106 sentences ranging from 20 to 25 years, De Kock said.

“Our sentences of 10 to 19 years are 378. As far as sexual offenses are concerned, our conviction target is 75%, as correctly stated above. I must add that we have not reduced the conviction rate from 75 … what we are getting is between 70 and 75% rate ”.

As for last year’s crippling riots that resulted in the deaths of 300 people and the destruction of businesses, prosecutors are handling 156 court cases.

De Kock mentioned some of the areas in KwaZulu-Natal where legal proceedings have continued, including 13 cases in Pinetown, 17 in Pietermaritzburg, 15 in Durban and 11 in Empangeni.