CLOUDED ACCOUNTABILITY: Scopa meeting with NPA, Hawks, SIU lays bare criminal justice shortfalls

Parliament's public spending watchdog, Scopa, faced challenges in obtaining clear answers regarding numerous corruption and complex commercial crime cases that did not result in prosecution. This occurred due to fragmented systems and significant staffing shortages, which hindered accountability. The situation began when EFF MP Veronica Mente questioned why 63 out of the 84 Eastern Cape cases referred by the Special Investigating Unit (SIU) to the National Prosecuting Authority (NPA) were not prosecuted.

This legal term, nolle prosequi, signifies the decision not to pursue further prosecution in a case.

During a meeting of Scopa on August 18, 2023, Mente pointed out the issue of "14 dockets Buffalo Metro nolle prosequi" out of 14 cases. She also expressed concern that people believed they had been cleared due to lack of prosecutions, even though the wrongdoing persisted. The National Prosecuting Authority (NPA) and Hawks (the Directorate for Priority Crime Investigation) briefed MPs on cases referred by the SIU.

Scopa chairperson Songezo Zibi raised doubts about the data presented, indicating possible issues with the information provided. WhatsApp messages later clarified that only one funeral-related matter was in court, with the rest postponed to January 2027.

NPA boss Andy Mothibi acknowledged the need for additional work to find answers, stating that the docket would reveal what happened. However, it later emerged that while prosecutors did not directly inform their superiors, an independent written record did exist. Eastern Cape Director of Public Prosecutions Samkelo Mtwana revealed that prosecutors note the decision not to prosecute in the docket, and a register exists for all matters.

Hawks Eastern Cape representative Brigadier Mluleki Dyasi explained that the primary reason for nolle prosequi is insufficient evidence, despite investigators' best efforts and completed dockets. Issues often stem from late crime reporting, uncooperative witnesses, and difficulty obtaining documents.