The National Prosecuting Authority (NPA) and the Investigating Directorate (ID) have completely lost access to a large digital evidence database gathered by Zondo Commission investigators, and the trove of incriminating information it contains, because of a lack of maintenance. This is according to News24. This places state capture prosecutions in jeopardy.
The NPA has been trying to obtain ownership of the database, while the ID is being stymied, as the Act giving it permanency is still not operational.
The NPA has sent almost 20 letters to the justice ministry for access to the database, but without success.
Justice Minister Thembi Simelane has also been requested to finalise the implementation of the NPA Amendment Act urgently.
The database comprises a huge cache of statements, documents, bank records and forensic computer imaging equivalent to a million gigabytes. This is in addition to the 1 731 106 pages of documentary evidence prepared and presented before Zondo.
Some of this evidence, previously only available under subpoena, is “no longer accessible”, because of lack of maintenance of the data, said NPA spokesperson Mthunzi Mhaga.
Zondo himself has written that some evidence had only ever been led before the Commission.
President Cyril Ramaphosa established the ID in March 2019, to investigate corruption-related crimes unearthed by the Zondo commission, the Revenue Service and the Public Investment Corporation.
Ramaphosa signed the NPA Amendment Act before the election, but it has not been gazetted. Finalising regulations to guide the Act is Simelane’s responsibility.
Meanwhile the ID has secured the services of advocates Terry Motau SC, Matthew Chaskalson SC and Wim Trengove SC and others to lead crucial work streams related to state capture investigations.
Advocate Paul Pretorius SC, the commission’s evidence leader, has been recruited as a consultant.