Media Advisory
Justice Ministry refutes claims of hampering the work of the NPA’s Investigating Directorate
14 August 2024
The Ministry of Justice and Constitutional Development has noted misleading and factually inaccurate media reports alleging that the Investigative Directorate of the NPA has not been able to access critical information from the erstwhile State Capture Commission’s (the SCC) Data Centre.
We wish to clarify that the 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 Department of Justice and Constitutional Development is the legal custodian of all the assets of the Commission including the data centre, following the expiry of the term of the SCC. The Department holds these assets on behalf of the South African State, government and people. This mandate arises from the custodianship of the Commissions Act, 1947, residing with the Minister of Justice and Constitutional Development.
The data centre devolved to the Department in accordance with the founding Memorandum of Agreement between National Treasury and Department, as well as the requirements of the Public Finance Management Act, 1999.
The Department established a Residual Mechanism to deal with remaining matters of the Commission. The Commission continues to supply and support all law enforcement agencies and other entities with data and information, as and when requested. Further, there is a Secretariat that continues to manage the data centre and support all law enforcement agencies and other entities in accessing the database.
To ensure effective utilization of the data, the Commission trained over 20 NPA investigators, providing them with direct access to the Commission’s digital forensic platforms. 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 – HAWKS, 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 remains committed to transparency, accountability, and the effective use of its data to support justice and governance in South Africa.
Enquiries:
Mr. Tsekiso Machike
Spokesperson: Ministry of Justice and Constitutional Development
Cell: 078 237 3900
Email: TMachike@justice.gov.za
Issued by the Ministry of Justice and Correctional Services
