Briefings by law enforcement agencies on the investigations and cases relating to the Section 100 Intervention in the North West province

Meeting report

The Chairperson welcomed Members and the delegations from the Directorate for Priority Crime Investigation (Hawks), the Special Investigating Unit (SIU) and the National Prosecuting Authority (NPA), including the Asset Forfeiture Unit (AFU). The purpose of the meeting was for the Committee to be briefed by the law enforcement agencies on investigations into allegations of fraud and corruption related to the Section 100 Intervention in the North West province.

The delegation from the Hawks consisted of Dr Godfrey Lebeya, Head of the Hawks, and Maj Gen Patrick Mbotho, Head for the North West Province. The delegation from the SIU consisted of Adv Andy Mothibi, Head of the Unit, and Mr Leonard Lekgetho, Chief National Investigations Officer. The delegation from the NPA consisted of three Deputy National Directors of Public Prosecutions, Adv Rodney de Kock, Adv Lebo Baloyi, and Adv Ouma Rabaji-Rasethaba.

The Chairperson noted that the Committee had met with the law enforcement agencies in February 2021. Based on the discussions, the Committee had decided that it must individually meet with the law enforcement agencies, which it proceeded to do. The core of the Committee’s work related to the investigations into allegations of fraud and corruption related to the Section 100 Intervention in the North West Province. The Committee’s work was extended when it was due to end in March 2021. He reminded Members that the lifespan of the Committee would come to an end on 24 June 2021 and the Committee would table its report before the National Council of Provinces (NCOP). The Committee’s recommendations would include proposals to strengthen the capacity of the law enforcement agencies. The people of the North West Province needed answers about what happened to the funding and the consequences that were implemented for those people who had done wrong by misappropriating the funds of government. The Committee would not be engaging with a briefing from the Independent Police Investigation Directorate (IPID), as the entity had submitted the same presentation as in previous meetings. The IPID would continue to act as the watchdog over the work of the other law enforcement agencies to effect oversight and accountability.

Briefing by the Hawks

The Committee received updates from the Hawks on investigations into allegations of fraud and corruption related to the Section 100 Intervention in the North West Province. Dr Godfrey Lebeya, the Head of the Hawks, presented the briefing.

Previous information reported to the Committee

The Committee was told that the Hawks had previously reported on 29 cases, of which 19 were reported as under investigation. Nine cases had been submitted to the North-West’s Director of Public Prosecutions (DPP) for decisions on whether to prosecute or not. The DPP declined to prosecute one of the nine cases submitted by the Hawks. The Hawks intended to request the NPA to review the decision of the DPP. Two cases were before court, and nine cases were initiated prior to the invocation of Section 100 of the Constitution in 2018. Administrators referred ten cases to the Hawks for investigation.

Summary of cases and investigations

There were currently 51 case dockets relating to investigations into the North West’s Provincial Government. Of these, 15 cases were currently being heard in court (involving 21 accused), ten cases had been referred to the NPA for decisions relating to prosecution, 12 cases had been finalised, and the remaining 14 cases were still under investigation by the Hawks. The monetary value of these 51 matters amounted to R2.37 billion. The NPA declined to prosecute two matters, and both cases had been taken to review. Three Orkney cases were combined into one court matter, and on 19 April 2021, the case was withdrawn after consultation with witnesses. This case involved allegations of fraud at the Dr Kenneth Kaunda District Municipality. The DPP’s queries were complied with and the cases were sent back to the DPP for a decision on 7 June 2021. The Hawks were currently awaiting the DPP’s decision.

Cases under investigation by the Hawks

The Committee received a breakdown of the cases and matters under investigation by the Hawks:

• A case from Ventersdorp (CAS: 63/07/2011) where the alleged offence involved fraud to the value of R44 400. The case concerned the Ventersdorp Local Municipality. The case was remanded until 26 August 2021 for trial.
• A case from Wolmaransstad (CAS: 07/07/2015 and 11/09/2015) where the alleged offences involved corruption and fraud to the values of R345 000 and R152 000. The case concerned the Maquassi Hills Local Municipality. The case was remanded until 31 May 2021 for trial, but the accused failed to appear in court.
• A case from Orkney (CAS: 62/11/2015) where the alleged offence involved fraud to the value of R10 million. The case concerned the Dr Kenneth Kaunda District Municipality. The case was remanded until 23 June 2021 for trial.
• A case from Rustenburg (CAS: 302/08/2014) where the alleged offence involved fraud to the value of R418 990. The case concerned the Rustenburg Local Municipality. The case was remanded until 23 June 2021 for trial.
• A case from Orkney (CAS: 16/11/2010) where the alleged offence involved fraud to the value of R134 000. The case concerned the Dr Kenneth Kaunda District Municipality. The case was remanded until 6 July 2021 for trial.
• A case from Mahikeng (CAS: 165/01/2018) where the alleged offence involved fraud, but the extent of the financial loss was unknown. The case concerned the Provincial Department of Health. The case was remanded until 10 August 2021 for further trial in the High Court.
• A case from Makapanstad (CAS: 83/12/2015) where the alleged offence involved corruption to the value of R45 902. The case concerned the Provincial Department of Social Development. The case was remanded until 21 July 2021 for trial.
• A case from Zeerust (CAS: 54/03/2015) where the alleged offence involved fraud to the value of R1.97 million. The case concerned the Ramotshere Moiloa Local Municipality. The case was remanded until 7 June 2021 for a trial date to be set.
• A case from Mmabatho (CAS: 206/02/2018) where the alleged offences involved fraud and corruption to the value of R30 million. The case concerned the Provincial Department of Health. The case was remanded until 26 July 2021 for further trial in the High Court.
• A case from Setlagole (CAS: 09/10/2019) where the alleged offence involved corruption to the value of R7.8 million. The case concerned the Ratlou Local Municipality. The case was remanded until 2 July 2021 for trial.
• A case from Potchefstroom (CAS: 187/05/2020) where the alleged offences involved fraud and corruption to the value of R680 000. The case concerned the JB Marks Municipality. The case was remanded until 17 June 2021 for a trial date to be set.
• A case from Christiana (CAS: 37/09/2016) where the alleged offence involved fraud to the value of R504 143. The case concerned the Lekwa Teemane Local Municipality. The case was remanded until 18 October 2021 for trial.
• A case from Taung (CAS: 94/11/2015) where the alleged offence involved fraud valued at R219 010. The case concerned the Greater Taung Local Municipality. The case was remanded until 29 June 2021 for the first appearance of the accused.
• A case from Rustenburg (CAS: 552/05/2016) where the alleged offence involved fraud to a value that must still be determined. The case concerned the Rustenburg Local Municipality. The case was remanded until 29 July 2021 for the first appearance of the accused.

It was reported that the Hawks had closed 12 cases with the following outcomes: there were findings of guilt in five cases; there was a not guilty finding in one case; and the DPP declined to prosecute six cases, of which two were taken to review. The Committee was given a breakdown of each of the 12 closed cases. In addition, the Hawks presented Members with a list of the cases that were common between the law enforcement agencies. A total of 11 cases were referred by administrators. The breakdown was as follows: the Provincial Department of Finance, Economy, and Enterprise Development - one case; the Provincial Department of Rural Economy and Agriculture Development - one case; the Provincial Department of Education and Sports Development - six cases; the Provincial Department of Transport and Community Safety - one case; the Provincial Department of Public Works and Roads - one case; and the Office of the Premier - one case.

The total number of cases from governmental departments amounted to 33 matters with the following breakdown: five cases were before court; seven cases were referred to the NPA for decision; and 21 cases were still under investigation. These matters were valued at R133.14 million. The Hawks reported that they had received 11 cases before the Section 100 Intervention, and 22 cases after the Section 100 Intervention. These 33 matters were summarised for the Committee as follows:

• A case from Makapanstad (CAS: 83/12/2015) where the alleged offence involved corruption to the value of R45 902. The case concerned the Provincial Department of Social Development. The case was remanded until 27 July 2021 for trial.
• A case from Zeerust (CAS: 124/08/2013) where the alleged offence involved theft to the value of R545 000. The case concerned the Provincial Department of Social Development. The case was remanded until 7 July 2021 for trial.
• A case from Mahikeng (CAS: 228/09/2019) where the alleged offence involved fraud to the value of R258 000. The case concerned the Provincial Department of Social Development. The case was currently under investigation, with queries from the DPP that needed to be resolved.
• A case from Morokweng (CAS: 23/12/2018) where the alleged offence involved fraud to the value of R121 000. The case concerned the Provincial Department of Social Development. The case was currently under investigation, with outstanding documents needed.
• A case from Mmabatho (CAS: 140/03/2017) where the alleged offence involved fraud to the value of R420 000. The case concerned the Provincial Department of Social Development. The case was currently under investigation, with outstanding documents needed.
• A case from Morokweng (CAS: 23/12/2018) where the alleged offence involved fraud to the value of R121 000. The case concerned the Provincial Department of Human Settlements. The case is currently under investigation, with outstanding documents needed.
• A case from Mmabatho (CAS: 292/09/2020) where the alleged offence involved fraud to the value of R8.26 million. The case concerned the Provincial Department of Human Settlements. The case is currently under investigation, with outstanding documents needed.
• A case from Rustenburg (CAS: 228/11/2019) where the alleged offence involved fraud to the value of R84.42 million. The case concerned the Provincial Department of Human Settlements. The case was currently under investigation, with outstanding documents needed.
• A case from Mahikeng (CAS: 369/06/2017) where the alleged offences involved fraud and forgery to a value that must still be determined. The case concerned the Provincial Department of Human Settlements. The case was currently under investigation, with outstanding documents needed.
• A case from Mmabatho (CAS: 232/01/2021) where the alleged offence involved fraud to a value that must still be determined. The case concerned the Provincial Treasury. The case was currently under investigation, with outstanding documents needed.
• A case from Mmabatho (CAS: 63/02/2021) where the alleged offences involved fraud and forgery to a value that must still be determined. The case concerned the Provincial Department of Finance. The matter was sent to the DPP for decision on 11 May 2021.
• A case from Mahikeng (CAS: 448/11/2019) where the alleged offence involved fraud to the value of R2.56 million. The case concerned the Provincial Department of Tourism. The case was currently under investigation, with outstanding documents needed.
• A case from Mmabatho (CAS: 345/05/2018) where the alleged offences involved fraud, corruption, and money laundering to a value that must still be determined. The case concerned the Provincial Department of Rural Economy and Agriculture Development. The case was under investigation.
• A case from Mmabatho (CAS: 01/07/2020) where the alleged offences involved fraud and corruption to a value that must still be determined. The case concerned the Office of the Premier. The case was currently under investigation, with outstanding documents needed.
• A case from Mahikeng (CAS: 165/01/2018) where the alleged offence involved fraud to a value that must still be determined. The case concerned the Provincial Department of Health. The case was remanded until 10 August 2021 for further trial in the High Court.
• A case from Mmabatho (CAS: 206/02/2018) where the alleged offences involved fraud and corruption to the value of R 30 million. The case concerned the Provincial Department of Health. The case was remanded until 26 July 2021 for further trial in the High Court.
• A case from Klerksdorp (CAS: 400/06/2018) where the alleged offences involved fraud and corruption to the value of R1.79 million. The case concerned the Provincial Department of Health. The case was remanded until 7 July 2021 for trial.
• A case from Mmabatho (CAS: 206/02/2018) where the alleged offence involved fraud to a value that must still be determined. The case concerned the Provincial Department of Health. The case was currently under investigation, with outstanding documents needed.
• A case from Mmabatho (CAS: 135/01/2016) where the alleged offences involved fraud and corruption to a value that must still be determined. The case concerned the Provincial Department of Health. The case was referred to the DPP and a consultation was scheduled for 10 June 2021.
• A case from Mmabatho (CAS: 206/02/2018) where the alleged offence involved fraud to a value that must still be determined. The case concerned the Provincial Department of Health. The case was currently under investigation, with outstanding documents needed.
• A case from Mmabatho (CAS: 141/09/2013) where the alleged offences involved fraud and corruption to a value that must still be determined. The case concerned the Provincial Department of Health. The case was currently under investigation, with outstanding documents needed.
• A case from Itsoseng (CAS: 55/07/2020) where the alleged offence involved fraud to the value of R1.23 million. The case concerned the Provincial Department of Education. The case was referred to the DPP on 5 May 2021 and a decision was awaited.
• A case from Mahikeng (CAS: 03/02/2021) where the alleged offence involved fraud to a value that must still be determined. The case concerned the Provincial Department of Education. The case was currently under investigation, with outstanding documents needed.
• A case from Mahikeng (CAS: 04/02/2021) where the alleged offence involved fraud to a value that must still be determined. The case concerned the Provincial Department of Education. The case was currently under investigation, with outstanding documents needed.
• A case from Mahikeng (CAS: 05/02/2021) where the alleged offence involved fraud to a value that must still be determined. The case concerned the Provincial Department of Education. The case was currently under investigation, with outstanding documents needed.
• A case from Mahikeng (CAS: 01/04/2021) where the alleged offence involved fraud to a value that must still be determined. The case concerned the Provincial Department of Education. The case was currently under investigation, with outstanding documents needed.
• A case from Mmabatho (CAS: 266/11/2015) where the alleged offence involved fraud to the value of R498 000. The case concerned the Provincial Department of Arts Culture, Sports, and Recreation. The case was currently under investigation, with outstanding documents needed.
• A case from Mmabatho (CAS: 302/01/2014) where the alleged offences involved fraud and corruption to a value that must still be determined. The case concerned the Provincial Department of Community Safety and Transport Management. The case was referred to the DPP on 26 November 2020.
• A case from Mmabatho (CAS: 181/05/2020) where the alleged offences involved fraud and corruption to a value that must still be determined. The case concerned the Provincial Department of Community Safety and Transport Management. The case was currently under investigation.
• A case from Mmabatho (CAS: 36/05/2020) where the alleged offences involved fraud and corruption to a value that must still be determined. The case concerned the Provincial Department of Community Safety and Transport Management. The case was currently under investigation.
• A case from Mmabatho (CAS: 290/08/2017) where the alleged offence involved fraud to the value of R3 million. The case concerned the Provincial Department of Public Works and Roads. The case was referred to the DPP on 24 November 2020 for decision and consultation was scheduled for 7 June 2021.
• A case from Mmabatho (CAS: 07/11/2016) where the alleged offence involved fraud to a value that must still be determined. The case concerned the Provincial Department of Public Works and Roads. The case was referred to the DPP on 17 February 2021 for decision.
• A case from Mmabatho (CAS: 210/01/2020) where the alleged offence involved fraud to a value that must still be determined. The case concerned the Provincial Department of Public Works and Roads. The case was currently under investigation, with outstanding documents needed.
• A case from Mmabatho (CAS: 134/03/2018) where the alleged offence involved fraud to a value that must still be determined. The case concerned the Provincial Department of Public Works and Roads. The case was referred to the DPP on 16 November 2020 and was taken for review after the DPP declined to prosecute the matter.

Briefing by the SIU

The Committee was briefed by the SIU on investigations into allegations of fraud and corruption related to the Section 100 Intervention in the North West province. Mr Leonard Lekgetho, the Chief National Investigations Officer at the SIU, presented the briefing.

Previous information reported to the Committee

The Committee heard that the SIU had previously reported 17 matters of which eight were under investigation and nine had been referred for prosecution. The SIU also reported that 29 allegations were made, but these matters had to be closed, as the documents received did not provide supporting evidence.

Overview of cases and investigations by the SIU

It was reported that the SIU had 44 cases. They were broken down as follows: motivation for proclamation submitted to the Department of Justice - one case; proclamations signed and issued by the President - six cases; matters covered under the current proclamation and under investigation - three cases; matters under investigation by the Hawks - three cases; matters that had been closed for a lack of evidence that supported the allegations - 29 cases; and matters that had been referred to other law enforcement agencies - two cases. All the referred matters related to corruption and the awarding of tenders without following the proper procurement processes.

In relation to Section 100(1), nine matters from governmental departments were referred for prosecution, and investigations were still ongoing on the other matters. These included the Provincial Department of Public Works and Roads where one referral was submitted to the NPA, and the Provincial Department of Transport and Community Safety where eight referrals were submitted to the NPA. The SIU was in the process of following up on all the other referrals that had been submitted to the NPA. The referred matters were scheduled to be finalised by 30 September 2021, because the proclamation was extended to cover other areas of investigation.

The Committee was told that the total amount of public funds involved in corrupt activities was not easy to quantify at this stage, as the investigations were still underway. The contract value of matters that were currently issued at the Special Tribunal for Civil Proceedings amounted to R497.57 million. This estimation included the value of contracts that were found to have been awarded irregularly. The SIU reported that there were no cases of irregular expenditure referred to the SIU for further investigation. The agency would continue to engage with the Auditor-General of South Africa to assess the audit outcomes indicating irregular expenditure to determine where forensic investigations must be conducted.

There were three matters that the SIU had been investigating prior to the Section 100 Intervention in the North West which included cases regarding Scholar Transport, the Expanded Public Works Programme, and a case involving upgrading. These investigations were at an advanced stage, with an anticipated finalisation date of 30 June 2021. In addition, 29 matters were provisionally closed by the SIU for a lack of evidence to support the allegations. The whistle-blowers were informed, and if they wished to bring evidence supporting the allegations, then the SIU would assess the evidence and review the decision to close the dockets.

Investigations falling outside the Section 100 Intervention regarding the Moretele Local Municipality and the Madibeng Local Municipality had been completed. Civil proceedings were underway at the Special Tribunal to review and set aside a decision of the North West Development Corporation (NWDC) as invalid. In addition, the SIU also investigated 24 municipalities under the proclamation. The SIU was following up with each municipality to establish whether its recommendations had been implemented. An awareness campaign was planned to address the gaps that had been identified regarding the irregularities in procurement processes.

The SIU outlined the matters related to the COVID-19 pandemic that were referred to it for investigation. It reported that the outcomes related to irregularities in the emergency tenders for Personal Protective Equipment (PPE) and the inflation of prices that exceeded the prescribed rates of the National Treasury. Disciplinary referrals were made for officials who were found to have been involved in irregular appointments of service providers, there were criminal referrals related to financial misconduct, and there were executive referrals related to the irregular awarding of a donation to a non-governmental organisation (NGO).

The SIU outlined the challenges it experienced in investigations. These included tampering and destruction of evidence, the closure of offices because of the COVID-19 pandemic, demonstrations and protests at state institutions, the lack of adequate resources, and threats to the investigators of the SIU. In this regard, the following mitigating measures were outlined: consideration of search and seizure powers; requesting that documents or interviews be held at the offices of the SIU and away from demonstrations; capacitating the Provincial Offices of the SIU; and constant meetings with crime intelligence.

Briefing by the NPA

The Committee was given updates by the NPA on investigations into allegations of fraud and corruption related to the Section 100 Intervention in the North West province. Adv Rodney de Kock, the Deputy National Directors of Public Prosecutions, presented the briefing.

Previous information reported to the Committee:

The Committee was told that the NPA’s Specialised Commercial Crime Unit (SCCU) had previously reported 20 cases of which 12 were under investigation. Three cases were awaiting a decision for prosecution, while two had been declined for prosecution. One case had gone to trial before the High Court, while another had been enrolled in the High Court. Eleven of the cases reported by the SCCU were initiated prior to the invocation of the Section 100 Intervention in 2018. The NPA’s Asset Forfeiture Unit (AFU) had previously reported on eight matters for asset forfeiture, and that R80 million was currently under preservation pending final forfeiture. A R425 000 confiscation order had been granted. If not paid, the property of the accused would be restrained and subsequently realised in terms of the provisions of Prevention of Organised Crime Act 121 of 1998.

Cases and matters currently referred to the NPA
The NPA said it bore the vital responsibility of providing a coordinated prosecuting service that ensured that justice was delivered to the victims of crime through general and specialised prosecutions; that the profit from crime was removed; and that certain witnesses were protected. The SCCU’s mandate was to guide criminal investigations and conduct the prosecution of complex commercial crime cases emanating from the commercial branches of the police. The AFU seized assets that were the proceeds of crime or had been part of a criminal offence,

Update on the work of the SCCU

There were currently 51 cases with the NPA which were broken down as follows: 13 matters were before court; six matters were awaiting the NPA’s decision or guidance; 17 matters were under investigation; 15 matters had been finalised, with three provisionally withdrawn; and two cases were waiting to be enrolled. The total amount involved in these matters was estimated at R2.37 billion. The SCCU was dealing with eleven cases from before and nine cases after the Section 100 Intervention. The slide presentation provided a breakdown of these cases, including the case number, the governmental department implicated, a brief description of the nature of the case, the level of persons implicated in the investigation, whether irregular expenditure was specifically alleged, and the current status of the matter.

It was reported that the cases involved fraud, corruption, abuse of supply chain management (SCM) processes, abuse of the applicable laws and legislation, and a disregard for governmental and departmental prescripts. Most of the matters implicated top or senior managerial staff members.

In respect of three matters a decision was made not to prosecute. The following reasons were advanced by the prosecutor: that services were in fact rendered and no evidence of fraud or corruption was detected; that there was no evidence of fraud or corruption; and that a private entity did provide value for money, albeit to a limited extent, and any losses flowing from this transaction ought to be the subject of civil litigation.

The Committee was told of challenges faced by the NPA that hindered the finalisation of cases. One was a lack of resources. Another related to government departments where, when staff were implicated, the administrator had to approve the commissioning of an internal investigation, and the fact that persons in a department hindered the authorisation of the forensic auditing. In some matters, forensic investigations were commissioned by the administrator or the Head of the Department. This meant that the NPA had little or no input into forensic reports. This contributed little or nothing to criminal prosecution and necessitated the extension of the auditor's appointment. No agreements existed upfront for the forensic auditors compiling the reports to testify in the criminal trials, and there was a lengthy process in procuring services of forensic auditors.

The NPA outlined the measures put in place to mitigate the challenges it faced. The SCCU worked in close collaboration with the investigating authorities. Case plans were compiled in each individual case and there was a project management approach in dealing with an investigation. Ongoing assessment of evidence and guidance was provided throughout the investigation process. It was important to note that prosecutors did not lead investigations but guided the investigations. This was in line with the legislative mandate of the South African Police Service (SAPS) to investigate criminal misconduct. Except for the Investigative Directorate of the NPA, the legislative mandate of the prosecution did not empower it to investigate cases. All investigations were currently being expedited to ensure these matters are enrolled as soon as possible.

Update on the work of the AFU

The AFU told the Committee that it had had the benefit of studying the ‘Report on the Committee’s engagements with Law Enforcement Agencies’ dated 4 June 2021. The update would not repeat previous submissions made to the Committee. The AFU’s financial investigators were continuing their investigations in respect of all entities and persons involved in such unlawful activities and analysing the flow of funds. In this regard, the investigators of the AFU were working closely with the investigating officers of the SAPS. Progress had been made in the finalisation of a high-value civil forfeiture application. The financial analysis of the flow of funds was 90 percent complete, with some bank statements on property purchase still outstanding. Once these outstanding bank statements had been received and analysed the matter would be moved in the High Court of Mmabatho. The AFU was still awaiting finalisation of several investigations of matters referred by National Treasury and investigated by the Hawks. 

The AFU’s staff complement in the province had improved since the last report with the filling of the following permanent positions: two Senior State Advocates, and one Junior State Advocate. These appointments would increase the presence and capacity of the unit in the province. The position of the Deputy Director of Public Prosecutions had been advertised, interviews were conducted, and the appointment was awaited. A deviation had also been obtained from the Department of Public Service and Administration for the further extension of all five contract financial investigators. These contracts were initially only for one year but had been extended for another two years to ensure continuity of investigations and operations. Approval had been obtained to establish a satellite office in Klerksdorp. The unit was currently creating posts and procuring office space

Discussion

Ms C Visser (DA, North West) thanked the delegations for the briefings. She asked that the law enforcement agencies address allegations made in media reports that seemed not to have given rise to investigations or dockets being opened.

Mr I Sileku (DA, Western Cape) appreciated the work done by the law enforcement agencies and the progress made. Regarding the SIU’s briefing, he noted that it made mention of cases that had been referred for disciplinary processes. How often did the SIU engage with the municipalities to ensure that progress was made? When would the SIU furnish the Committee with a detailed breakdown of the implicated officials and their levels of employment? How much progress had been made in implementing the recommendations made to municipalities by the law enforcement agencies? It was crucial that wrongdoers were dealt with so that people did not just commit crimes and then escape justice by simply seeking employment with another municipality that presented the opportunity for further plundering of the government’s resources. He asked whether the NPA was entirely satisfied that there was no room for prosecution in the matters it declined to prosecute.

Ms M Gillion (ANC, Western Cape) thanked the law enforcement agencies for the work and efforts put into the investigations into fraud, corruption, and wrongdoing in the North West province. She welcomed the progress made, and noted the indications of the impact of the COVID-19 pandemic on the law enforcement agencies. She expressed hope that the outcomes of the investigations would shed light and enforce consequences on the implicated officials in order to address the concerns of the people.

The Chairperson noted that there were only three cases that the SIU attempted to resolve jointly with the Hawks. He asked for clarity on why there was not a greater extent of collaboration between the two law enforcement agencies. It was crucial that the agencies cooperate and collaborate to resolve the investigations speedily. What was the progress of the investigations into matters referred to the law enforcement agencies by Parliament’s Committees? He expressed concern regarding the slow pace of the North West investigations and the capacity of the law enforcement agencies. He stated that the Zondo Commission was moving closer to completion and there was an anticipation that there would be a lot of cases to be investigated. The law enforcement agencies must save the country from criminality, by ensuring that those who plundered state resources were dealt with according to law. In addition, he expressed shock at the way in which people just stole, looted and plundered the resources of the government, saying this showed serious deterioration. It was the task of the law enforcement agencies to show the people of South Africa that there were consequences when people plundered the government’s resources, and that wrongdoers would be held accountable.

Responses

Dr Lebeya responded that the Hawks had taken note of the observations and comments of the Committee. Regarding the issue of the capacity of the law enforcement agencies, there was consensus that it needed to be enhanced in terms of the skills available, the number of employees, and the volume of work faced by the entities. The law enforcement agencies could expect several high-profile cases to be referred to them after the finalisation of the Zondo Commission’s enquiries. The Hawks had over 20 000 cases that needed to be handled, with more than 16 000 accused persons in court. It was crucial that the full capacitation of the law enforcement agencies be prioritised.

Adv Mothibi said the SIU appreciated highly the words and feedback of the Committee. He stated that the SIU was encouraged by the progress made by all the law enforcement agencies. It was crucial that this progress made an impact, as it was the task of these agencies to assist the Committee in monitoring the maladministration and corruption in the North West province. However, it was necessary to monitor the implementation of the entities’ recommendations to ensure that it was impactful and that wrongdoers were held accountable. Recommendations of the SIU were not binding, in the sense that there had been no legal precedent ruling that they were binding. Thus, the SIU internally determined the next steps when there was a failure to implement its recommendations on the part of the municipalities. However, municipalities and governmental departments were required by law to effect disciplinary measures when supported by evidence. The last measure would be to compel state institutions to implement the recommendations, showing that there was consequence management in this regard. He committed to providing the Committee with a report outlining the implicated officials, their levels of employment, and the entity involved. He stated that the remainder of questions and comments would be responded to in writing.

Adv de Kock, Deputy National Director of Public Prosecutions at the NPA, responded that, regarding the capacitation of the NPA, the entity was creating job opportunities for university graduates, particularly in the legal profession as prosecutors. In the SCCU, the NPA had obtained approval for a deviation from the guidelines of the National Treasury to appoint contract employees for a period of three years that allowed the entity the additional appointment of 50 prosecutors. The extended capacitation of the NPA in the North West province would help improve the speed of dealing with the cases and investigations emanating from the Section 100 Intervention. The NPA was collaborating with the Zondo Commission to prepare for the workload that would be dealt to the law enforcement agencies when the inquiry was finalised.

The Chairperson reminded Members that the lifespan of the Committee would come to an end on 24 June 2021, and the Committee would table its report before the National Council of Provinces. The Committee’s recommendations would include proposals to strengthen the capacity of the law enforcement agencies. He thanked the Members for their hard work and contributions to the work of the Committee.

The meeting was adjourned.