Justice Minister appears before Parliamentary Committee on State Capture data access

Tuesday, September 10, 2024

Justice and Constitutional Development Minister Thembi Simelane has reiterated the department’s commitment to working with the National Prosecuting Authority Investigative Directorate (NPA ID) on the matter of the data of the State Capture Commission.

In August, reports surfaced claiming that the department was hampering the work of the NPA ID by blocking access to the data centre.

The department is the legal custodian of all the assets of the Commission, including the data centre.

Speaking at a meeting of the Portfolio Committee on Justice and Constitutional Development on Tuesday, Simelane said she remains willing to look into the matter.

“I am here because you have called me to account and I’ll always do that. I have not met anyone to block anything. I made a commitment that I am willing to relook into the matter. I can’t block anyone.”

She said she still needed to be taken to the data centre to verify it. “If they say it is sitting in the department, I will say open that room.”

“I have even tried to ascertain with the DG if there are any outstanding requests that have been made by the NPA or any of the state agencies that need any information with regard to State Capture so that at least, I’ll make sure that everything is up to date and try to look into the processes and statements…[that] were agreed,” Simelane said.

NPA National Director of Public Prosecutions Advocate Shamila Batohi said the ID requires “unhindered access” in order to fulfil its duties.

“When we talk about access, we talk about unhindered access to the archives but I hasten to add, working within the legal and Constitutional requirements. The ID has been provided levels of access but not the access that it needs,” Batohi said.

In a statement last month, the department said it had responded to requests for data from law enforcement.

It clarified that cooperation between the Ministry and Investigating Directorate of the NPA remain cordial and professional. 

“On the 31st of July 2024, the Ministry met with a number of the entities of the department, and it pledged its unwavering commitment to support the work of the NPA and its Investigative Directorate.

“The Commission’s secretariat has consistently supplied the requested data and documents.

“The Secretariat has positively responded to data requests from various law enforcement agencies, including the NPA’s ID, DPCI [Directorate of Priority Crime Investigations], Asset Forfeiture Unit (AFU), Financial Intelligence Centre (FIC), South African Revenue Service (SARS), Special Investigating Unit (SIU), and some state-owned enterprises (SOEs). 

“The remaining staff that is experienced in data science and programming, continue to support ongoing projects,” the department said. – SAnews.gov.za