Justice and Constitutional Development Minister Mmamoloko Kubayi has reaffirmed the independence of the National Prosecuting Authority (NPA), asserting that her ministerial oversight does not extend to influence over prosecutorial decisions.

“The Minister of Justice and Constitutional Development exercises final responsibility over the NPA. This role is administrative and policy-oriented and does not extend to involvement in or interference with specific prosecutorial decisions,” Kubayi said.

She made the statement when she was responding to parliamentary questions posed by EFF MP Rebecca Mohlala.

Mohlala posed the parliamentary questions following the recent allegations made by KwaZulu-Natal police commissioner, Lieutenant-General Nhlanhla Mkhwanazi.

She wanted to know the measures that were in place to guarantee prosecutorial decisions in politically sensitive cases were free from executive interference and undue political influence.

In her reply, Kubayi said the Constitution safeguards the NPA’s prosecutorial independence.

“It explicitly states that the NPA must exercise its functions without fear, favour or prejudice, which is reinforced by Section 32 of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998).”

She added that the NPA was accountable to Parliament, including for its decisions regarding the institution of prosecutions.

The Constitution also provided safeguards against executive interference as it provided that “national legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice”.

“The NPA is therefore guided by constitutional and legislative provisions that guarantee its independence,” Kubayi said.

The minister stated that she did not possess investigative powers and could not initiate or conduct investigations.

However, she confirmed that the Director of Public Prosecutions (DPP) in KwaZulu-Natal has received an enquiry from the SAPS and has dedicated prosecutors to deal with allegations of defeating the administration of justice regarding the disbandment of the Political Killings Task Team.

“The DPP will report to the National Director of Public Prosecutions (NDPP).”

Kubayi added that matters referred to the Investigating Directorate Against Corruption (IDAC) were assessed to determine whether or not fell within the IDAC’s mandate before a decision was made to investigate.

She said there were prescripts that guided the investigations and legal processes that IDAC must follow. 

“There are sufficient checks and balances to ensure that there is no interference internal or otherwise. To date there has not been any interference in the matters that IDAC has been dealing with.”

Regarding high profile cases, Kubayi said National Director of Public Prosecutions (NDPP) Shamila Batohi issued directives which require prosecutors in the prosecution of sensitive or contentious nature to inform the DPP concerned in writing about the nature and details of such matters, and the DPP was expected to similarly inform Batohi.

The NPA applied the same legal standards and prosecutorial guidelines to all politically sensitive cases.

“Decisions are made based on the sufficiency of evidence, public interest, and the prospects of a successful prosecution. The NPA remains committed to upholding the rule of law and ensuring accountability, irrespective of the status or affiliation of those involved,” Kubayi said.

Asked about measures to restore the independence, credibility and public trust in the NPA, Kubayi said addressing the NPA’s operational and financial independence has been a long-outstanding issue.

She also said since Batohi came to office, addressing aspects of the NPA’s operational and financial independence has featured as one of the key strategic initiatives, including the NPA to obtain its own Accounting Officer in order to safeguard its financial independence.

“I have given full support to the NPA’s need for financial and operational independence. In this regard, I have committed to working with the NPA and Department of Justice to explore options that will allow the NPA to have its own accounting officer.”

Kubayi also said the NPA has established the Office for Ethics and Accountability to deal with both internal and external complaints in order to enhance its credibility.

The NPA has also engaged in multiple capacity building initiatives and it has recently launched a skills development programme on Combating Complex Corruption and Organised Crime in South Africa, a three year initiative.

mayibongwe.maqhina@inl.co.za

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