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The Portfolio Committee on Justice and Correctional Services has opened the National Prosecuting Authority Amendment Bill for public comments.
The Bill wants to formalise a specialised investigation unit inside the National Prosecuting Authority akin to the Directorate of Special Operations, or so-called “Scorpions”.
The Scorpions were held in high regard for their corruption case before being dissolved and replaced by the Hawks by an ANC majority in parliament in 2008.
The aims of the Amendment Bill include the following:
- Insert certain definitions;
- Provide for the establishment of the Investigating Directorate against Corruption and its powers and functions;
- Provide for the appointment of investigators in the Investigating Directorate against Corruption;
- Provide for the appointment of investigators;
- Provide for the security screening of investigators;
- Provide for the remuneration and conditions of service of investigators;
- Provide for the establishment of a mechanism to deal with complaints of a serious nature pertaining to persons appointed at or assigned to an investigating directorate;
- Provide for the powers and functions of investigators;
- Provide for transitional arrangements relating to the existing Investigating Directorate to become part of the Investigating Directorate against Corruption;
- Amend the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002, so as to make provision for applications for directions in terms of that Act by the head of the Investigating Directorate against Corruption;
- And to provide for matters connected therewith.
The return of the specialised investigation unit follows recommendations from the State Capture Commission, with President Cyril Ramaphosa saying that the NPA’s Investigating Directorate would be turned into a permanent unit.
The Investigating Directorate was created in 2019 as a temporary unit to investigate corruption-linked crimes directly linked to the State Capture Commission’s findings.
A fully-fledged unit will also help South Africa’s chances of getting off the Financial Action Task Force’s (FATF’s) greylist.
South Africa was added to the list in February this year as the FATF expressed concerns over the slow action and weak stance of tackling corruption and prosecuting individuals involved.
Despite there being some state-capture recoveries in recent years, not a single high-profile person of interest flagged by the commission has been successfully prosecuted.
Those who want to comment on the Bill must do so by Friday, 6 October 2023, by emailing [email protected].
National Prosecuting Authority Amendment Bill can be found below:
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