Question NW2442 to the Minister of Justice and Correctional Services

Reply:

a) How long will the specified investigation take

It is estimated that the investigation will take approximately 12 months. However, given the nature of forensic investigation(s), it may be finalised sooner or be extended, depending on the evidence uncovered during the investigation.

b) What total budget has been set aside

The Special Investigating Unit is not in a position to say whether any budget has been set aside by the relevant entity. However, it is estimated that the investigation will cost R4 880 554.24.

c) What are the expected outcomes

It is expected that the investigation should produce inter alia the following outcomes, provided that sufficient evidence be uncovered during the investigation to support these outcomes:

• The recovery of losses suffered by the state through the institution of civil proceedings;
• Referral of evidence of misconduct for the institution of disciplinary or corrective action;
• Referral of evidence indicating, or pointing to a criminal offence to the National Prosecuting Authority;
• Identify systemic gaps and make systemic recommendations to avoid identified instances of maladministration from occurring in future;
• Closure reports on all sub-investigations conducted as per the proclamation; and
• Submit Presidential Reports, as envisaged in sections 4(1)(f) and (g) of the SIU Act.

Given the nature of forensic investigation(s), the SIU cannot warrant that its investigations or its forensic services will result in the detection of impropriety, malpractice or criminal conduct, or in any successful remedial civil or disciplinary proceedings or criminal prosecutions. The outcomes of forensic investigations are unpredictable and the success of the legal outcomes, in particular civil litigation and/or criminal prosecution, are largely dependent on other entities, such as the National Prosecuting Authority, Office of the State Attorney, the South African Police Service, the Special Tribunal, the courts and the judicial system.

END