The fight against corruption has yielded significant financial recoveries, with the National Prosecuting Authority’s Asset Forfeiture Unit (AFU) clawing back some R8.3 billion in unlawfully obtained gains.
This is according to Justice and Constitutional Development Minister Mmamoloko Kubayi, who delivered an address to the University of Johannesburg Combating Corruption Summit.
“For our part, as the criminal justice system, we have a number of cases that are ongoing. Perhaps the most notable success is the asset forfeiture associated with the Zondo cases.
“So far, the National Prosecuting Authority Asset Forfeiture Unit has recovered a total of R8.3billion. Of this, R3.68 billion was paid to victims, and R4.6billion was paid to CARA [Criminal Assets Recovery Account]. In the past year, the Asset Forfeiture Unit continued to ensure that crime does not pay by obtaining freezing orders of R858 million and recovering assets valued at R532 million.
“These successes are in part because of AFU’s strengthened collaborative work with the Anti- Corruption Task Team, the Inter-Agency Working Group on Illicit Financial Flows, State Capture, Health Sector Corruption and the Fusion Centre under the auspices of the Financial Intelligence Centre [FIC],” the Minister said on Wednesday.
In the same vein, the Special Investigating Unit (SIU) has recovered assets and cash worth R 936 million against a target of R 1 billion in the past financial year.
“They have ensured that R 25.6 billion has been set aside as invalid against a target of R 5 billion, and they have prevented R 1.6 billion from being lost against a target of R 1 billion.
She said 761 matters have been referred to the National Prosecuting Authority for the perpetrators to be prosecuted.
“The successes of our corruption-fighting [efforts] are significant, but the challenges are immense,” Kubayi said.
Despite these successes, the Minister acknowledged as “worrisome” the revelations at the Madlanga Commission, which have exposed the growing trend of organised crime and syndicate activity, including the capture of law enforcement agencies.
“Perhaps the most worrisome aspect of the revelations at the commission is how much law enforcement agencies have been captured by organised crime organisations and how individuals at all levels of the law enforcement agencies are working in cahoots with criminals to repurpose and weaken law enforcement agencies fighting against crime,” she stated.
To address this, Kubayi highlighted the urgent need to protect whistleblowers, who are critical in revealing hidden networks and secret transactions.
In response to this, the government has introduced the Public Disclosures Bill, which seeks to introduce a strengthened and comprehensive framework for whistleblower protection.
“Importantly, the Bill introduces enhanced protections, including confidentiality safeguards, protection against occupational detriment, and access to witness protection mechanisms where required.
“This simply means that this Bill introduces mechanisms to ensure that no whistleblower is punished or suffers any harm for having come forward with information about wrongdoing regardless of the position of the alleged wrongdoer in an organisation. Accordingly, this Bill specifies that the provisions of the Witness Protection Act, 1998 apply to a discloser or related person.
“In addition, the Bill provides for legal assistance to disclosers who cannot afford to pay for legal representation through Legal Aid South Africa in appropriate cases,” she said.
Looking ahead, the Minister noted that the National Anti-Corruption Advisory Council – appointed by President Cyril Ramaphosa – has handed over its report to the President, recommending the establishment of the Office of the Protector of the Public Interest (OPI) as a permanent, independent, overarching anti-corruption body.
“[We] are inviting interested parties to present to us their views on what they think should be the shape and form of the future anti-corruption agency for the country.
“Whatever form and shape that it will take, our country needs a dedicated, multidisciplinary investigative and prosecutorial anti-corruption agency shielded from political interference or external manipulation,” Kubayi said. – SAnews.gov.za
