Justice and Constitutional Development Minister Mmamoloko Kubayi has outlined a strategy to dismantle criminal networks through targeted, integrated, modern interventions and the strengthening of legislation.
Kubayi tabled the department’s Budget Vote in Parliament on Tuesday.
“Organised crime is a criminal ecosystem that links many of the countless criminal acts including extortion, illegal mining, money laundering, gang violence etc. while corruption is a lifeblood of organised crime.
“This means that the justice value chain from investigative agencies through prosecution to our courts have to work together in a coordinated fashion to bring criminals to book,” Kubayi said.
Cooperation between law enforcement is already underway.
“The National Prosecuting Authority [NPA] is already working closely with the SAPS through a special task team that has been established following the interim report of the Madlanga Commission of Inquiry.
“The team aims to accelerate prosecutions regarding corruption and state infiltration by organised criminal elements,” Kubayi said.
Hit them where it hurts
Depriving criminals of ill-gotten gains is also high on the agenda through asset forfeiture driven by the NPA and the Special Investigating Unit (SIU) and results are already exceeding targets.
“In the previous financial year, the NPA’s Asset Forfeiture Unit [AFU] obtained 481 freezing orders against a target of 310, exceeding the target by 55%. In addition, freezing orders to the value of R859.4 million were secured against a target of R700 million, reflecting an overachievement of 23%.
“The [AFU] obtained recoveries to the value of R533 million against a target of R160 million, exceeding the target by 233%. This overachievement is mainly attributable to ongoing recoveries in civil asset forfeiture [C-ADR] matters, carried over from the previous financial year, thus ensuring that persons and entities do not benefit from unlawful activities and corruption,” the minister revealed.
In the same vein, the corruption busting SIU has also scored major victories.
“Two significant settlement agreements, one with Wabtec to the value of R7.9 billion and another with Bombardier valued at R14.3 billion, were made orders of court, declaring both contracts unconstitutional and invalid. The SIU also recovered R600 million for Transnet following the Nedbank interest swap settlement.
“Key Special Tribunal victories included orders against Easyway valued at R68 million, Buthelezi EMS valued at a R1 billion contract set aside and R532 million declared recoverable, and Halo’s R115 million contract was also declared invalid.
“These outcomes enabled the SIU to intensify recovery efforts, resulting in R609 million in actual cash recovered and R854 million in losses prevented to date,” she added.
The two agencies will be ramping up their efforts to cut off financial flows to criminals this financial year with targets set to collect on what belongs to the state.
“In this financial year, the [AFU] will focus on strengthening asset forfeiture outcomes by targeting freezing orders to the value of R1 billion and recoveries to the value of R350 million. These targets are aimed at enhancing the disruption of criminal enterprises and improving the recovery of proceeds of crime.
“In this financial year, the SIU plans to intensify its efforts to recover state assets and protect them from maladministration, fraud, and corruption. In this connection, the SIU has set a target of R2 Billion for cash and/or assets recovered through civil and other legal proceedings, R6 Billion for Contracts and/or administrative decisions/ actions set aside or deemed invalid and R1.5 Billion Potential loss prevented.
“This also includes a target of R3 Billion value of matters where evidence was referred for the institution or defence/opposition of civil proceedings,” the minister noted.
Targeted legislation
To bolster the fight against crime and corruption, the department will also be presenting enabling legislations to Parliament.
“As part of the broader protection for Whistleblowers, we released a Bill for public comments with the closing date of the 14th May this year with a view to finalise it within this financial year.
“This Bill aims to provide a clear-cut procedure for a discloser to follow; is pro-active in providing physical protection; preventing retaliation, and exploring mechanisms for incentivised disclosures,” Kubayi said.
Turning to electronic communications services, the minister said these have been abused by criminals to “facilitate serious crimes undetected because of noncompliance”.
“We are at an advanced stage of the amendment of RICA which will lead to enhancement of the value chain on SIM Card registration process, which will be based on biometric verification, as well as passport and immigration status verification for foreign nationals.
“In the meantime, to put a stop to this non-compliance, I chaired a meeting with the JCPS [Justice, Crime Prevention and Security] colleagues engaging with mobile network operators, and we have agreed that by the end of June they should provide a plan on how they are going to comply with current RICA provisions to address unregistered and illegal sim cards.
“We also took a decision to start implementing enforcement by July this year and none compliance will face a penalty as per RICA,” Kubayi said.
The department also anticipates that it will introduce amendments to the “outdated” Criminal Procedure Act.
“Other amendments include the public protector act to enhance the operations of the office of the public protector, the SIU act to amongst others to empower the SIU to conduct preliminary investigations for the purpose of determining the veracity of the allegation and to receive any allegation and the NPA act to entrench financial and administrative independence.
“Lastly, the amendments to remove the confidentiality clause will be effected, to allow for the publication of the National Register for Sex Offenders,” Kubayi said. – SAnews.gov.za
