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'It was a good week for' SA - Investigating Directorate head reflects on Molefe, Singh arrests

1st September 2022

By: News24Wire

  

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"It wasn't a good week for the ID (Investigating Directorate), it was a good week for the country. And it was a good week for the country, who was extremely patient."

These were the words of advocate Andrea Johnson, head of the National Prosecuting Authority's (NPA's) Investigating Directorate. Johnson was buoyant when she reflected on the unit's breakthrough this week following the arrests of Brian Molefe and Anoj Singh, former Transnet executives who have been linked to the Gupta family's web of state capture.

Speaking at News24's On the Record summit in Sandton, Johannesburg on Thursday, Johnson said the arrests of Molefe, Singh and two others on Tuesday was part of restoring South Africa's trust in the justice system.

Johnson was part of a panel on state capture, titled State capture and corruption: How to eat the elephant?

The panel was hosted by News24's assistant editor: investigations Pieter du Toit, and included Justice Minister Ronald Lamola, Council for the Advancement of the South African Constitution (Casac) executive director, advocate Lawson Naidoo, and News24's legal journalist Karyn Maughan.

Johnson noted that South Africa had been extremely patient with the NPA in the face of a mountain of evidence of state capture and rampant corruption in government.

Molefe, Transnet's former group chief executive, Singh, the parastatal's former finance chief, Niven Pillay, and Litha Nyhonyha, directors at Gupta-linked Regiments Capital, appeared in the Specialised Commercial Crimes Court in Palm Ridge on the East Rand on Tuesday. The four are charged with contravention of the Public Finance Management Act and fraud. They were released on R50 000 bail each.

The four men have been charged in the same case which has already led to another former Transnet group CEO, Siyabonga Gama, and others appearing in the dock.

Johnson said the NPA was on track to fulfil its promise to place nine high-profile state capture cases on the court roll by September.

This week's Transnet arrests were part of the fourth state capture-related case before the courts.

One of the four cases is the R107-million corruption matter involving Gupta lieutenants Ronica Ragavan and Pushpaveni Govender, and former mineral resources deputy director-general Joel Raphela. They were charged for allegedly looting the rehabilitation funds of the Optimum and Koornfontein coal mines.

Another case is the corruption, fraud and money laundering matter involving R549.6-million allegedly defrauded from Eskom in a contract issued to Impulse International.

Johnson said the organisation was pursuing "strategic, impactful prosecutions" and not going after low-hanging fruit.

"We have undertaken four. We have completed three. We have one to go. But we won't give you only one in September. And it's not because the ID wants to be popular. It is because it has a duty. So yes, the NPA will achieve its commitment of nine by the end of September."

State capture in the NPA

She said NPA employees implicated in state capture would be dealt with.

"There was state capture in terms of the institution. We are very alive to the fact that those individuals that were complicit will be dealt with. I came to the NPA to do what I came to do. That is the attitude of the new management of the NPA. We will feel the effects of state capture across the country and the NPA for a very long time. But, there is a real change," she added.

Johnson said for effective crime-busting, the ID should be made a permanent agency with a well-resourced team of investigators.

"We have to build a skillful, fearless legal team."

Johnson called for the ID to become a permanent unit in the NPA.

Lamola agreed with Johnson that the ID's mandate should be made permanent.

"We need to remember that when the president came in, we didn't have the ID. And the president felt that there is a need for an institution like the ID. The president gave it a term of five years, and we gave them support in terms of finances. They have their own building and are able to appoint investigators. And I agree that that is not enough. And there is agreement that the ID has to be permanent," Lamola said.

Naidoo agreed that an effective body was needed.

"We need to find a way of harmonising all the agencies that exist and integrate an anti-corruption institution. In the Zondo report, it refers to the creation of a whistleblowing agency, a procurement agency, and an anti-corruption agency. And I think that should all form a bigger structure because we shouldn't only focus on the investigation aspect of fighting corruption."

Edited by News24Wire

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