Affirming its stance on the recommendations of the Zondo Commission of Enquiry into State Capture, the Department of Justice and Constitutional Development has released a detailed progress report highlighting the work it is undertaking to correct the malfeasance which took place, particularly within State-owned entities. 

The report, handed over to the Portfolio Committee on Justice and Constitutional Development on Tuesday, focuses on the creation of statutory offences for the abuse of public power, the establishment of the Investigating Directorate as a permanent entity, a review of whistle-blower protection laws, and the financial and administrative independence of the National Prosecuting Authority (NPA).

Many of these matters are yet to be finalised and are still under consideration with further deliberations set to take place. 

The members of the Portfolio Committee on Justice and Constitutional Development have expressed dismay at the report, noting that it fails to highlight the importance of an independent NPA. The committee has called on the department to act urgently to expedite the matter.

The committee has also decried the plan to establish a permanent Investigating Directorate within the NPA, asserting that this would curtail independence and security of tenure.

“Those are issues that are quite complicated that need to be reflected on, deliberated on and will take time, particularly if they involve constitutional amendments and that is why we want the National Prosecuting Amendment Bill passed to ensure that right now the Investigating Directorate has greater capacity,” said Justice and Constitutional Development Deputy Minister John Jeffery.

The Special Investigating Unit (SIU) also provided feedback on the status of its investigation into irregular procurement and price inflation related to the now infamous 1 064 locomotives. Its investigation concluded that the contract awarded to McKinsey & Co, Regiments Capital and Trillian Capital as transaction adviswrs, was irregular. 

The SIU also highlighted its involvement in the recovery of money improperly awarded to these companies. It is also leading and coordinating a Corruption, Maladministration and Malpractice Prevention Measurement Framework to enforce its anti-corruption strategy.