NPA welcomes Ramaphosa’s response to state capture recommendations

President Cyril Ramaphosa’s response to the state capture commission’s  recommendations has highlighted the importance of strengthening the National Prosecuting Authority (NPA) as a key part of SA’s broader response to complex corruption.

This was the response by the NPA on Monday as it welcomed Ramaphosa’s announcements during his address to the nation on Sunday.

The NPA said Ramaphosa announced a number of measures designed to prevent a recurrence of state capture. The NPA said this was crucial to end impunity and hold those responsible for state capture-related wrongdoing to account, which was vital to restore the rule of law.

It said Ramaphosa’s response emphasised elements that were fundamental to the work of the NPA.

The NPA said the decision to establish the Investigating Directorate (ID) as a permanent entity within the NPA, and to strengthen its capabilities with the provision of criminal investigatory powers, will enable the ID to adopt a fully-fledged multi-disciplinary, prosecution-led investigation model.

“The ID can apply this model in relation to its mandate on complex corruption. This has proven to be the most effective method in the past, and there is no reason we cannot do it again.”

Meanwhile, Whistleblower House welcomed statements by Ramaphosa regarding the protection and incentives for whistle-blowers.

Ramaphosa said the commission identified whistle-blowing as an essential weapon in the fight against corruption. He said whistle-blowers needed to be encouraged to report instances of fraud and corruption, and must be protected from victimisation, prejudice or harm.

Ramaphosa said the department of justice was reviewing the Protected Disclosures Act and Witness Protection Act to give effect to the commission’s recommendations on the protection of whistle-blowers.

The president said this will ensure, among other things, a reward to the whistle-blower of a proportion of funds recovered and immunity from criminal or civil action arising from honest disclosures.

Ramaphosa said the review, which will include consultation with stakeholders and the National Anti-Corruption Advisory Council, will be completed by the end of April 2023.

Whistleblower House, a non-profit  organisation that provides support to whistle-blowers, said the recommendations and proposed actions fall short of the actual needs of whistle-blowers.

The organisation said it was established to assist the whistle-blower holistically.

“We have consulted and researched the challenges whistle-blowers face and have developed a holistic range of services that could and should be offered by government.

“These include facilitating access for whistle-blowers to legal advice, health services (including psychological), financial assistance and safe accommodation.”

Whistleblower House said the dire need for these services was emphasised by the fact that it has, since February 2022, assisted 91 whistle-blowers, and their families where needed, with access to these services.

“We are ready to engage the department of justice and the National Anti-Corruption Advisory Council to assist them in developing an appropriate strategy to protect and assist whistle-blowers and their families.”

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