Cape Town - The National Prosecuting Authority (NPA) received R28.8 million in donations from business and non-profit organisations while the development of its donor funding policy has yet to be finalised.
Responding to parliamentary questions from DA MP Werner Horn, Justice and Correctional Services Minister Ronald Lamola said the NPA has delegations from the accounting officer to accept donations in-kind below R2m.
“Where a donation is in cash, the normal regime of channelling funds through the National Treasury will apply. The NPA has to date not received any cash donations,” he said.
The NPA was in the final stages of approving an amended NPA donor funding policy, he said, which will be aligned to the National Treasury donor funding guidelines and regulations.
“This will create internal control systems for dealing with all donations in line with relevant policies, prescripts and confidentiality requirements.”
He said the NPA engaged with all partners fully cognisant of the importance of protecting its independence and perceptions of any potential interference.
“The NPA is committed to delivering on its mandate without fear, favour or prejudice, and all partnerships are implemented with this imperative in mind,” the minister said.
Lamola said the in-kind donations received in the 2022/23 financial year amounted to R28.8m.
A total of R5.9m was received from local donors, including NPOs and businesses for employee development and capacitation.
“This support came in the form of training and skills development as well as workshops and conference attendance by NPA employees. Of this, approximately R4 million emanated from the law society and other local non-profits and individual businesses.”
He also said R7.8m was received from local legal practitioners in the form of pro bono services and corporate support services. “This support focused largely on accommodation for the co-location of the NPA-led task force on State Capture.”
Lamola added that R10.1m was received from local retail businesses for gender-based violence programmes run by the Thuthuzela Care Centres.
The NPA has signed a formal partnership agreement with Business Leadership SA to provide tailored support for the rebuilding project of the NPA to the value of R2.9 million.
“This in-kind support focused on specialised consultancy services, project management support and capacity development for NPA colleagues working on complex state capture matters.
“This partnership was mentioned by the president as a positive development in the government’s formal response to the Zondo Commission findings.”
Lamola added that R2 million was received from various international bodies for workshops and conferences.
“The donations were in respect of travel and accommodation,” he said.
Details of each of the donations were disclosed in the quarterly financials and would be disclosed in full in the annual financial statements.
EFF MP Yoliswa Yako asked in a separate question about the impact the private funding will have on the NPA’s legislative mandate.
Yako also wanted to know about measures put in place to ensure that when the private donors violate the law there would not be impediments preventing the NPA to prosecute them.
Lamola said Treasury regulations provided for the acceptance of gifts, donations and sponsorships.
“All cash gifts, donations or sponsorships must be paid into the relevant revenue fund. All gifts, donations or sponsorships received during the course of the financial year must be disclosed as a note to the annual financial statements of the institution.”
He also said the framework for the acceptance of private donations in government operates under strict protocols and that prosecutors were constitutionally mandated to exercise their prosecutorial powers without fear, favour or prejudice.
“The prosecutorial independence of prosecutors ensures that there are no impediments that will prevent the NPA from prosecuting private donors who violate the law.”
Advocate Paul Hoffman of Accountability Now said there was absolutely no problem with the NPA being given the help.
Hoffman said the prosecuting body was hollowed out and gutted during the state capture years.
“Anything that goes towards strengthening the NPA is good. The fact that the money comes from the private sector is not an issue,” he said.
“I would be surprised if anybody that has given a donation to the NPA is advantaged in any way,” Hoffman said.
Cape Times