The National Prosecuting Authority (NPA) has confirmed that the process of appointing Advocate Paul Pretorius SC to the Investigating Directorate Against Corruption (IDAC) is at an advanced stage.

The appointment is being facilitated under Section 38 of the NPA Act, which allows the National Director of Public Prosecutions (NDPP), in consultation with the Minister of Justice, to appoint suitably qualified persons to provide services in specific cases.

Pretorius, a senior advocate who previously served as head of the legal team for the Commission of Inquiry into State Capture, is expected to assist with prosecutions related to the commission’s findings.

Section 38 Appointment of Adv Paul Pretorius SC at an Advanced Staged pic.twitter.com/ogcdDRyXad

— NPASouthAfrica (@NPA_Prosecutes) May 9, 2025

Amid public debate about potential conflicts of interest due to his former role, NPA National Spokesperson Mthunzi Mhaga states, “The prosecuting authority does not believe that Advocate Paul Pretorius SC is conflicted if he were to be appointed in terms of section 38 of the NPA Act because he will be engaged as a consultant providing advisory services to the prosecution team that is leading prosecution of state capture related cases.” 

Despite the conclusion of the Zondo Commission, there has been widespread concern over the lack of high-profile convictions resulting from its extensive findings. 

Pretorius, speaking earlier this month in an SABC interview, acknowledged the difficulties faced by the NPA, particularly related to resources.

Pretorius said: “The capacity of the NPA is a huge problem. Technology is an issue that needs to be addressed. Its access to the Zondo archives is an issue that needs to be addressed. There are so many issues in analysing this problem. It’s not just an easy issue to analyse and come up with answers.” 

At the time of that interview, Pretorius’s consulting contract with the NPA had expired and was awaiting renewal. Addressing the question of conflict of interest, he reiterated that the Zondo Commission regulations were amended to allow members of the legal and investigative team to transition into law enforcement roles. “There would be no conflict because at the commencement of the commission, the regulations were changed to allow investigators and members of the legal team to move to law enforcement agencies and to take their knowledge with them. That’s expressly dealt with in regulations. The idea of a conflict of interest would mean that I have an interest specifically directed—I don’t have any such interest. I do a job as an advocate, and that’s my job. I hold no interest in a successful or unsuccessful prosecution.” 

The NPA continues to face scrutiny over the pace and impact of prosecutions stemming from the State Capture inquiry, and this appointment is viewed as a key development in bolstering its capacity.