Cape Town – Justice and Correctional Services Minister Ronald Lamola has defended the establishment of the Independent Directorate within the National Prosecuting Authority (NPA).
This after DA MP Glynnis Breytenbach wrote to the minister wanting to know the grounds the government relied on to persist with its proposal to establish a permanent Investigative Directorate within the NPA instead of a separate independent institution to meet the Constitutional Court’s requirements for total independence.
Lamola said that the Glenister judgment should not be interpreted to mean that the NPA in its current form fell outside of the realm of independence.
He said that the NPA was governed by both the Constitution and the NPA Act.
“The constitutional tenets governing the prosecution system are implemented through the NPA Act, which provides the power to institute and conduct criminal prosecutions on behalf of the State, ‘vests in the prosecuting authority,” he said.
“The Constitution and the NPA Act guarantee the independence of the NPA in regard to its performance of the prosecutorial function.
“Both the Constitution and NPA Act also require that the NPA do its work ‘without fear, favour and prejudice’ and subject only to the Constitution and the law.
“This obligation was confirmed by the Constitutional Court in the certification of the Constitution in 1996,” Lamola said.
He also said the government has ensured that the Investigative Directorate has specialised skills, highly trained personnel, independence, and that the NPA received R1.3 billion to support the implementation of the recommendations of the state capture commission and security of tenure.
Lamola’s response comes as Parliament has been asked to amend the Constitution to provide for the establishment of an Integrity Commission that will investigate serious corruption cases.
Advocate Paul Hoffman, of Accountability Now, recently made a presentation on the establishment of a Chapter 9 Institution corruption-busting body to the Joint Constitutional Review Committee.
Cape Times