The National Prosecuting Authority (NPA) is preparing amendments to its legislation that could give it greater control over its budget, with National Director of Public Prosecutions Advocate Andy Mothibi saying a draft could be ready by November.
Mothibi said the proposed changes were aimed at strengthening the NPA’s financial and operational independence and giving it greater control over decisions affecting its resources.
“We are at the stage where we are developing a draft amendment to the NPA Act, which we will introduce. We’ll have it ready probably by November,” Mothibi said.
Speaking at the 19th Annual Association of Certified Fraud Examiners (ACFE) Africa Conference and Exhibition on Monday, Mothibi said the NPA currently operates as a programme within the Department of Justice and Constitutional Development, leaving it without full control over its budget.
He said the proposed amendments would seek to have the NPA operate as a scheduled entity under the Public Finance Management Act, which would give it greater responsibility over its financial and operational decisions.
A project has already been established to develop the proposed changes, while a finance team is engaging National Treasury on the process.
NPA seeks funding to fight crime and corruption
Mothibi said he had met Justice and Constitutional Development Minister Mmamoloko Kubayi and Finance Minister Enoch Godongwana to discuss the NPA’s funding requirements.
The discussions come as the authority assesses the skills, equipment and other resources it needs to strengthen its ability to prosecute serious crime and corruption.
“Fighting crime and corruption is a priority area in government, and those who play a role in this have to be adequately budgeted for,” Mothibi said.
Mothibi said greater financial control would help the NPA make decisions more quickly and improve its ability to plan and manage its resources.
He cited the Special Investigating Unit (SIU), where he previously served as head, as an example of the benefits of operating as a separate entity.
Prosecutors brought into investigations
Mothibi also outlined the NPA’s use of prosecutor-guided investigations, where prosecutors work alongside investigators from an earlier stage of a case.
He said the approach could help prevent delays that occur when investigators complete a docket only for prosecutors to send it back for further work.
The model is being used in investigations linked to the Madlanga Commission, with dedicated prosecutors assigned to the task team.
“We allocated dedicated prosecutors to the Madlanga task team that investigates. And we have seen really cogent results,” Mothibi said.
He said the success of the approach would ultimately be measured by whether it leads to successful prosecutions.
Mothibi also said the NPA was working to restore confidence in the Investigating Directorate Against Corruption, including through a research project that had already been announced.
He called for closer cooperation between prosecutors, investigators, auditors, fraud examiners and other professionals to help identify and disrupt criminal networks.
Corruption remains a threat
Mothibi warned that corruption and maladministration continued to damage state institutions by diverting public resources and weakening public trust.
He said organised crime was also becoming more sophisticated, with criminal networks using technology, professional expertise and cross-border operations.
Mothibi urged fraud examiners and other professionals to assist law enforcement by identifying criminal activity, tracing financial transactions and helping turn information into evidence that could be presented in court.
He said he wanted to return to the ACFE conference next year with tangible improvements to report rather than continuing to raise concerns about the NPA’s resources.
hope.ntanzi.iol.co.za
IOL Politics
Get your news on the go. Download the latest IOL App for Android and IOS now
