Minister of Justice and Constitutional Development, Thembi Simelane, says the operationalisation and establishment of the Investigating Directorate against Corruption (IDAC) – which resides within the National Prosecuting Authority (NPA) – is a crucial step in government’s fight against corruption in the country.
The Minister was speaking at a media briefing in Tshwane on Friday.
In May this year, President Cyril Ramaphosa assented to the NPA Amendment Act and on Thursday, signed a proclamation which brought the Act into operation.
“The establishment… marks a significant milestone in our fight against corruption. Unlike the previous Investigating Directorate, which was subject to dissolution by proclamation, IDAC’s permanence ensures its independence and the necessary parliamentary oversight. It also provides the IDAC with criminal investigation powers.
“The IDAC will no longer rely on secondments for staffing. Instead, it will recruit permanent staff and invest in long-term training. This will enhance our capacity to combat complex corruption, implement decisions from commissions of inquiry, and uphold the recommendations of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption, and Fraud in the Public Sector,” Simelane said.
She added that the Justice Ministry is empowered to make regulations to support the critical work of the IDAC.
“The necessary regulations for section 19D(3) and section 22A(4) of the NPA Act have been prepared and will be published on 19 August 2024. Additionally, we are finalising regulations under section 8, which will allow for the appointment of a retired judge to oversee complaints related to IDAC investigators.”
Data of the State Capture Commission
Turning to work in the pursuance of justice as a result of the recommendations of the State Capture Commission, Simelane revealed that during a meeting between business and government this week, a commitment was made to collaborate to set up a digital evidence unit.
READ | Government, business partnership begins to flourish
During its existence, the commission’s data centre collected more than a petabyte of both structured and unstructured data stemming from:
- Park Town Office: This office stored digital records from the Commission's hearings, investigations, and legal work, including data from the Commission's website.
- Registry Office: This office received and collected documentary data submitted to the Secretariat office.
“The outcome of the meeting between the business-government partnership and President Cyril Ramaphosa is that the partnership is collaborating to set up a new independent digital evidence unit.
“The unit will extract and analyse data from encrypted devices such as cellphones and laptops to come up with the evidence needed to prosecute criminal cases of corruption successfully, specifically cases related to state capture,” she said.
The Minister was at pains to explain that the data collected by the commission during its existence has been shared with law enforcement agencies and that those agencies continue to have access to it.
“The Department of Justice and Constitutional Development is the legal custodian of the Commission's assets, including its data, on behalf of the South African State, government, and people. Law enforcement agencies have priority access to the data but do not have exclusive access or ownership.
“To facilitate this, the Commission amended its Regulation 11 to grant special access to its data. The Commission also trained over 20 NPA investigators to access its digital forensic platforms,” Simelane said. – SAnews.gov.za
