Justice and Constitutional Development Minister Thembi Simelane said that the NPA was mandated to ensure that it exercises its functions without fear, favour or prejudice. Picture Henk Kruger / Independent Newspapers
Justice and Constitutional Development Minister Thembi Simelane insists there is no conflict of interest between her and the National Prosecuting Authority (NPA) in relation to an investigation by the Hawks into monies linked to VBS Mutual Bank.
Simelane said that the NPA was mandated to ensure that it exercises its functions without fear, favour or prejudice.
“I understand the matter mentioned is being investigated by the Directorate for Priority Crime Investigation,” she said.
Simelane was responding to parliamentary questions from DA MP Glynnis Breytenbach, who asked how she intended to deal with the alleged conflict of interest between her and the NPA, whose investigations must proceed unhindered.
Earlier this month, the Hawks executed a search and seizure warrant at the Polokwane Municipality, which invested more than R300m in the VBS Mutual Bank when she was mayor there.
The minister, who appeared before the ANC Integrity Committee to state her case on Wednesday, recently furnished a report to President Cyril Ramaphosa following allegations that she received money improperly from the VBS Mutual Bank during her tenure as mayor of the Polokwane Municipality.
She has also appeared before Parliament to answer questions over allegations in connection with a R575 600 “loan” she received to buy a coffee shop, Silvana’s Bistro, in Sandton in October 2016.
The loan was from Gundo Wealth Solutions, a financial services company that invested R349 million from the Polokwane Municipality in the VBS Mutual Bank while she was mayor.
Simelane said that as minister responsible for the administration of justice, she has no authority to interfere with decisions to prosecute or not.
“I am legally empowered to issue policy directives which must be observed in the prosecution process.
“As an adherent to respect for the rule of law, I will only act in accordance with the powers vested in me by the Constitution and the law. I am duty-bound to uphold the Constitution,” she said.
Simelane’s response comes as the Centre for Development and Enterprise (CDE) on Thursday called on Ramaphosa to urgently appoint a retired judge to conduct an enquiry into the NPA, among other things.
Speaking at the launch of Agenda 2024: Priorities for South Africa’s new government series, CDE executive director Ann Bernstein said that law enforcement agencies were seemingly unable to protect the state from powerful people who use their positions for self-enrichment and patronage.
Bernstein said the NPA had failed to institute and successfully prosecute a significant number of major corruption cases.
Bernstein also said there were a number of possible causes of the NPA’s failure to deliver ranging from issues of leadership to internal divisions.
“The NPA’s performance has been disappointing, undermining law enforcement and accountability in a society where the rule of law is hanging by its fingernails.
“There are a number of explanations for this lack of performance –some of them contested. We need to know what is holding back the NPA, and what measures should be taken to turn the situation around as soon as possible,” she said.
The CDE has recommended a number of actions to get the NPA back on track. In its report, the CDE said Ramaphosa should appoint a retired judge to investigate the leadership, performance, structure and independence of the NPA and to recommend remedial action within eight months.
“This investigation should take the form of an enquiry by a judge and its recommendations must be made public and acted upon with urgency.”
It also said the NPA should enter into public-private partnerships with transparent, independent and temporary entities, which will permit increased co-operation between the NPA and the private sector in prosecutions of major corruption cases.
CDE also recommended that Simelane should immediately issue an instruction to the Department of Justice to release the full archive of the Zondo Commission to the NPA.
“She should also request the chief justice and the judge presidents of the high courts to set up special corruption courts. The president should make a decision as a matter of urgency on the national director’s request to suspend a director in the NPA, and the Government of National Unity should significantly increase funding available to the NPA.”
Cape Times