20 November 2024 SIU REFERRALS TO NPA PRESENTATION
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20 November 2024 SIU REFERRALS TO NPA PRESENTATION TO STANDING COMMITTEE ON PUBLIC ACCOUNTS (SCOPA) 2 Contents of presentation Opening remarks Background NPA Mandate and SIU Legal and Referral framework Progress on SIU Referrals to NPA
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20 November 2024 SIU REFERRALS TO NPA PRESENTATION TO STANDING COMMITTEE ON PUBLIC ACCOUNTS (SCOPA)<br>
02
2 Contents of presentation Opening remarks
Background
NPA Mandate and SIU Legal and Referral framework
Progress on SIU Referrals to NPA
Investigating Directorate Against Corruption (IDAC)
Specialised Commercial Crimes Unit (SCCU)
Asset Forfeiture Unit (AFU)
Concluding Remarks<br>
Background
NPA Mandate and SIU Legal and Referral framework
Progress on SIU Referrals to NPA
Investigating Directorate Against Corruption (IDAC)
Specialised Commercial Crimes Unit (SCCU)
Asset Forfeiture Unit (AFU)
Concluding Remarks<br>
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3 Opening remarks For past five years, focus on systematic rebuilding of the NPA - weakened and fractured as a result of state capture - to ensure NPA is a fit-for-purpose prosecution service, ready to take on the challenges of the 21st century and deliver accountability in relation to two crises that the country faces: state capture and violent crime.
Rebuilding process took time (i.e. stabilised senior leadership; increased staff numbers and capabilities; established an Office for Ethics and Accountability).
We have made good progress in dealing with state capture cases, despite challenges
SA - one of few countries in the world that is prosecuting senior government officials, and high-profile politicians, as well as private sector actors for complex corruption.<br>
Rebuilding process took time (i.e. stabilised senior leadership; increased staff numbers and capabilities; established an Office for Ethics and Accountability).
We have made good progress in dealing with state capture cases, despite challenges
SA - one of few countries in the world that is prosecuting senior government officials, and high-profile politicians, as well as private sector actors for complex corruption.<br>
04
4 Opening remarks (cont.) In June 2024, the IDAC was finally established as a permanent entity in the NPA
Since 2019, the ID/IDAC has authorised 117 matters involving 212 accused persons and 68 entities. Of these, 78 are under investigation and 39 cases are enrolled.
In the past year, our Specialised Commercial Crimes Unit (SCCU), secured 333 convictions in serious and complex commercial crime cases = conviction rate of 90%.
Almost 700 government officials and over 1 000 private sector individuals have been convicted for corruption in the last five years.
Built innovative partnerships with key private sector actors, without compromising our independence, to facilitate the transfer of skills and hiring some of the best legal, forensic and financial minds to tackle complex corruption and organised crime.<br>
Since 2019, the ID/IDAC has authorised 117 matters involving 212 accused persons and 68 entities. Of these, 78 are under investigation and 39 cases are enrolled.
In the past year, our Specialised Commercial Crimes Unit (SCCU), secured 333 convictions in serious and complex commercial crime cases = conviction rate of 90%.
Almost 700 government officials and over 1 000 private sector individuals have been convicted for corruption in the last five years.
Built innovative partnerships with key private sector actors, without compromising our independence, to facilitate the transfer of skills and hiring some of the best legal, forensic and financial minds to tackle complex corruption and organised crime.<br>
05
5 Opening remarks (cont.) Re-energised the Asset Forfeiture Unit (AFU), through adoption of strategy that prioritises non-conviction based forfeiture, and focuses on organised crime, international asset recovery, and Corporate Alternative Dispute Resolution mechanism (C-ADR).
Since 1999, AFU has frozen R30,38bn, confiscated and forfeited R12,98bn and recovered R11,7bn, of which R4,89bn paid into Criminal Asset Recovery Account (CARA). R2.3bn of has funded government’s illicit mining response.
AFU attained almost half (46%) of all freezing orders, 37% of all confiscations and forfeiture orders and 44% of all recoveries in the last five years.
Also continue to achieve our mandate to ensure justice for thousands of crime victims yearly
Over 77% conviction rate in more than 3000 murder prosecutions per year.<br>
Since 1999, AFU has frozen R30,38bn, confiscated and forfeited R12,98bn and recovered R11,7bn, of which R4,89bn paid into Criminal Asset Recovery Account (CARA). R2.3bn of has funded government’s illicit mining response.
AFU attained almost half (46%) of all freezing orders, 37% of all confiscations and forfeiture orders and 44% of all recoveries in the last five years.
Also continue to achieve our mandate to ensure justice for thousands of crime victims yearly
Over 77% conviction rate in more than 3000 murder prosecutions per year.<br>
06
6 Opening remarks (cont.) Dealing with 13 high-profile gang-related matters involving a total of 94 accused.
Continue to bring justice to victims of GBV, femicide and support on their journey to becoming survivors.
In 2023/24 dealt with over 5000 cases of sexual offences: conviction rate 72.3%.
Footprint of Thuthuzela Care Centres (TCCs) expanded from 55 facilities in 2020/2021 to 65 currently.
With SAPS, launched a serial rapist prioritisation initiative to identify the top 10 serial rapists per province.
We have enhanced our collaboration with the SIU and other actors in the criminal justice value chain.<br>
Continue to bring justice to victims of GBV, femicide and support on their journey to becoming survivors.
In 2023/24 dealt with over 5000 cases of sexual offences: conviction rate 72.3%.
Footprint of Thuthuzela Care Centres (TCCs) expanded from 55 facilities in 2020/2021 to 65 currently.
With SAPS, launched a serial rapist prioritisation initiative to identify the top 10 serial rapists per province.
We have enhanced our collaboration with the SIU and other actors in the criminal justice value chain.<br>
07
7 NPA Mandate The National Prosecuting Authority (NPA) was established in terms of section 179 of the Constitution and bears the responsibility of providing a coordinated prosecuting service that:
ensures justice is delivered to the victims of crime through general and specialised prosecutions;
removes the profit from crime and recovers stolen funds; and
protects certain witnesses in the process.<br>
ensures justice is delivered to the victims of crime through general and specialised prosecutions;
removes the profit from crime and recovers stolen funds; and
protects certain witnesses in the process.<br>
08
8 SIU Act
In terms of section 4(1)(d) of the SIU Act, the SIU must:
during an investigation of any matter in terms of the SIU Act, wherein the evidence collected points to the possible commission of an offence; refer the matter to the NPA as soon as is practicable
For its part, the SIU Act allows members of the SIU to conduct searches, seizures and production of documents by parties (civil evidence) SIU Legal and Referral Framework<br>
In terms of section 4(1)(d) of the SIU Act, the SIU must:
during an investigation of any matter in terms of the SIU Act, wherein the evidence collected points to the possible commission of an offence; refer the matter to the NPA as soon as is practicable
For its part, the SIU Act allows members of the SIU to conduct searches, seizures and production of documents by parties (civil evidence) SIU Legal and Referral Framework<br>
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9 In essence, the investigations undertaken by the SIU do not satisfy criminal standards for prosecutions.
Therefore, the NPA must work with investigators in the DPCI & SAPS to conduct criminal investigations and ensure that the evidence meets criminal prosecution standards.
That said, the work of the SIU is important and contributes greatly in this process. Why the need for SIU Referrals?<br>
Therefore, the NPA must work with investigators in the DPCI & SAPS to conduct criminal investigations and ensure that the evidence meets criminal prosecution standards.
That said, the work of the SIU is important and contributes greatly in this process. Why the need for SIU Referrals?<br>
10
10 The NPA, DPCI and SAPS, signed an MOU in December 2022
The result is that, even before a referral is made, DPCI / AFU / Prosecutor / SIU work in collaboration
Dockets are often registered before SIU obtains Proclamations MoU on SIU Referrals<br>
The result is that, even before a referral is made, DPCI / AFU / Prosecutor / SIU work in collaboration
Dockets are often registered before SIU obtains Proclamations MoU on SIU Referrals<br>
11
11 Co-location of investigators, analysts and prosecutors
Presidency initiative to develop an electronic tracking system for SIU criminal referrals in progress.
Increased collaboration through structures such as the Top Priority Corruption Task Team, NPCOC EXCO and Case Management meetings, NPA EXCO, DPP Case Management Meetings, and Advisory Panel.
Strengthening and supplementing the skills of our prosecutors through specialised training and the contracting of forensic specialists
Enhanced capacity within SCCU from 259 (204 legal staff) in March 2019 to 294 (226 legal) at end of October 2024; resulting in a 14% increase. Measures to enhance prosecutions<br>
Presidency initiative to develop an electronic tracking system for SIU criminal referrals in progress.
Increased collaboration through structures such as the Top Priority Corruption Task Team, NPCOC EXCO and Case Management meetings, NPA EXCO, DPP Case Management Meetings, and Advisory Panel.
Strengthening and supplementing the skills of our prosecutors through specialised training and the contracting of forensic specialists
Enhanced capacity within SCCU from 259 (204 legal staff) in March 2019 to 294 (226 legal) at end of October 2024; resulting in a 14% increase. Measures to enhance prosecutions<br>
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PROGRESS ON SIU REFERRALS: IDAC 1 12<br>
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13 Investigating Directorate Against Corruption (IDAC) On 4 April 2019, the President of the Republic of South Africa, in terms of section 7(1) of the National Prosecuting Authority Act (NPA Act), proclaimed the establishment of an Investigating Directorate in respect of specified criminal offences.
Subsequently, on 19 August 2024 the Investigating Directorate Against Corruption (“IDAC”) was established in terms of section 7(1A) of the NPA Act as amended by Act 10 of 2024. The Investigating Directorate has become part of the IDAC.<br>
Subsequently, on 19 August 2024 the Investigating Directorate Against Corruption (“IDAC”) was established in terms of section 7(1A) of the NPA Act as amended by Act 10 of 2024. The Investigating Directorate has become part of the IDAC.<br>
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14 IDAC (cont.) The IDAC is tasked to investigate any unlawful activities relating to serious, high profile or complex corruption including but not limited to offences or criminal or unlawful activities arising from various Commissions, including the Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State (“the State Capture Commission”).
IDAC investigates and carries out any functions incidental to investigations & prosecutions of cases relating to, amongst others: serious, high profile or complex corruption, commercial, or financial crime cases arising from the recommendation of commissions of inquiry.
The current Investigating Director (ID) was appointed in March 2022.<br>
IDAC investigates and carries out any functions incidental to investigations & prosecutions of cases relating to, amongst others: serious, high profile or complex corruption, commercial, or financial crime cases arising from the recommendation of commissions of inquiry.
The current Investigating Director (ID) was appointed in March 2022.<br>
15
15 IDAC (cont.) The powers and functions of the Directorate are set out in chapter 5 of the NPA Act, they include the power to:
summon witnesses to furnish documents or to answer questions;
apply for and execute search and seizure warrants;
compel witnesses to answer questions under oath, including self-incriminating questions, subject to a use immunity
prosecute cases in consultation with the relevant DPP.
Through secondment arrangements with partner organisations, the IDAC can access additional powers such as police powers, subject to the direction of the National Commissioner of Police and through MoUs with SARS, the FIC and the SIU. This enables IDAC to use additional capabilities to investigate corruption.<br>
summon witnesses to furnish documents or to answer questions;
apply for and execute search and seizure warrants;
compel witnesses to answer questions under oath, including self-incriminating questions, subject to a use immunity
prosecute cases in consultation with the relevant DPP.
Through secondment arrangements with partner organisations, the IDAC can access additional powers such as police powers, subject to the direction of the National Commissioner of Police and through MoUs with SARS, the FIC and the SIU. This enables IDAC to use additional capabilities to investigate corruption.<br>
16
16 IDAC (cont.) The IDAC’s mission is to hold those most responsible for serious, complex and high-level corruption accountable in a criminal court.
Any person may report a matter to the Head of the IDAC by means of an affidavit (s27) and the Director, in the absence of a report, may authorise an investigation into the matter if the following requirements are met:
There are reasonable grounds to suspect that an offence has been committed (s 28(2)); and
the offence is a specified offence, which is defined in the NPA Act as any matter which in the opinion of the head of an Investigating Directorate falls within the range of matters set out in the proclamation.
If the NDPP refers a matter in relation to the commission of a specified offence to the Director, the IDAC is obliged to conduct an investigation into the matter. (s 28(1)(b))<br>
Any person may report a matter to the Head of the IDAC by means of an affidavit (s27) and the Director, in the absence of a report, may authorise an investigation into the matter if the following requirements are met:
There are reasonable grounds to suspect that an offence has been committed (s 28(2)); and
the offence is a specified offence, which is defined in the NPA Act as any matter which in the opinion of the head of an Investigating Directorate falls within the range of matters set out in the proclamation.
If the NDPP refers a matter in relation to the commission of a specified offence to the Director, the IDAC is obliged to conduct an investigation into the matter. (s 28(1)(b))<br>
17
17 IDAC (cont.) Investigations into TRANSNET and ESKOM authorised on 31 July 2019
The Report of the Public Protector on the "State of Capture" dated 14 October 2016;
Testimony before the SCC alleging serious and high-level corruption within State Owned Enterprises, particularly testimony relating to ESKOM and TRANSNET;
Ongoing criminal investigations into unlawful activities committed at ESKOM and TRANSNET relating to serious and high-level fraud and corruption;
Ongoing civil litigation relating to alleged irregularly awarded contracts and payments made by ESKOM and TRANSNET and related entities;
A report submitted in terms of section 27 of the NPA Act on fraud and corruption
SIU Referrals to IDAC
Matters in relation to unlawful activities committed at ESKOM.
Matters in relation to unlawful activities committed at TRANSNET, namely Neotel, Cutting-Edge, and SAP<br>
The Report of the Public Protector on the "State of Capture" dated 14 October 2016;
Testimony before the SCC alleging serious and high-level corruption within State Owned Enterprises, particularly testimony relating to ESKOM and TRANSNET;
Ongoing criminal investigations into unlawful activities committed at ESKOM and TRANSNET relating to serious and high-level fraud and corruption;
Ongoing civil litigation relating to alleged irregularly awarded contracts and payments made by ESKOM and TRANSNET and related entities;
A report submitted in terms of section 27 of the NPA Act on fraud and corruption
SIU Referrals to IDAC
Matters in relation to unlawful activities committed at ESKOM.
Matters in relation to unlawful activities committed at TRANSNET, namely Neotel, Cutting-Edge, and SAP<br>
18
PROGRESS ON SOE INVESTIGATIONS WITH SIU REFERRAL 18<br>
19
IDAC MATTERS UNDER INVESTIGATION 19<br>
20
IDAC INVESTIGATIONS THAT THE SIU HAS CONDUCTED<br>
21
IDAC MATTERS BEFORE COURT 21<br>
22
22 SOE INVESTIGATION REFERRED BY SIU<br>
23
23 SOE INVESTIGATION REFERRED BY SIU<br>
24
24 SOE INVESTIGATION REFERRED BY SIU<br>
25
25 PROGRESS ON SIU REFERRALS: SCCU 2<br>
26
26 SCCU SUMMARY FROM 2019 - 2024<br>
27
27 TOP SOEs SIU REFERRALS 2019 - 2024<br>
28
28 TOP MUNICIPALITIES SIU REFERRALS 2019 - 2024<br>
29
29 TOP DEPARTMENTS SIU REFERRALS 2019 - 2024<br>
30
National Lotteries Commission Matters Under Investigation
Denzhe Primary Care NPO Sunnyside 48/09/2020
Zibsimanzi NPC Sunnyside 281/12/2020
Life for Impact in the 21st Century NPO Sunnyside 282/12/2020
I am Made for God’s Glory NPO Sunnyside 283/12/2020
Inqaba Yokulinda NPO Sunnyside 277/01/2021
Zibsifusion NPC Sunnyside 480/07/2020
Taung Cultural Music and Arts Expo NPO Sunnyside 191/06/2023
Simba Community Development Foundation NPO Sunnyside 318/06/2023
Vyeboom Youth Development NPO Sunnyside 61/12/2020
Uprising Youth Development NPO Makhado 162/03/2020
Tirhani Sebenzani Support group NPO SEOU Enq 1/11/2021
Lulamisa NPO Sunnyside 629/07/2024 30<br>
Denzhe Primary Care NPO Sunnyside 48/09/2020
Zibsimanzi NPC Sunnyside 281/12/2020
Life for Impact in the 21st Century NPO Sunnyside 282/12/2020
I am Made for God’s Glory NPO Sunnyside 283/12/2020
Inqaba Yokulinda NPO Sunnyside 277/01/2021
Zibsifusion NPC Sunnyside 480/07/2020
Taung Cultural Music and Arts Expo NPO Sunnyside 191/06/2023
Simba Community Development Foundation NPO Sunnyside 318/06/2023
Vyeboom Youth Development NPO Sunnyside 61/12/2020
Uprising Youth Development NPO Makhado 162/03/2020
Tirhani Sebenzani Support group NPO SEOU Enq 1/11/2021
Lulamisa NPO Sunnyside 629/07/2024 30<br>
31
Criminal referrals for PPE The SIU referred 304 matters for criminal prosecution to the National Prosecuting Authority in relation to Covid-19 investigations.
These were investigated and prosecuted through the Fusion Centre.
A total of 71 guilty convictions for Covid-19-related matters, coordinated through the Fusion Centre. 31 *Certain sentences involved both a fine and custodial sentence. Breakdown of sentences<br>
These were investigated and prosecuted through the Fusion Centre.
A total of 71 guilty convictions for Covid-19-related matters, coordinated through the Fusion Centre. 31 *Certain sentences involved both a fine and custodial sentence. Breakdown of sentences<br>
32
SCCU CONVICTIONS 32<br>
33
33 SCCU FINALISED CASE - 1<br>
34
34 SCCU FINALISED CASE - 2<br>
35
35 SCCU FINALISED CASE - 3<br>
36
36 SCCU FINALISED CASE - 4<br>
37
37 SCCU FINALISED CASE - 5<br>
38
38 SCCU FINALISED CASE - 6<br>
39
SCCU MATTERS WITHDRAWN 39<br>
40
Cambridge Cas 100/06/2020 and Cas 268/02/2021 Amatola Water Board – Defence made representations to the state and after consideration of all the submissions and reports, the representations were successful.
Sunnyside 846/04/2018 Department of Water and Sanitation CIDB- ASCUL Construction: Accused passed away.
National Department of Environment, Forestry and Fisheries: No prospects of successful prosecution.
Sunnyside Cas 827/03/2020 CIBD: No prospects of a successful prosecution. SUMMARY OF SCCU CASES WITHDRAWN 40<br>
Sunnyside 846/04/2018 Department of Water and Sanitation CIDB- ASCUL Construction: Accused passed away.
National Department of Environment, Forestry and Fisheries: No prospects of successful prosecution.
Sunnyside Cas 827/03/2020 CIBD: No prospects of a successful prosecution. SUMMARY OF SCCU CASES WITHDRAWN 40<br>
41
SCCU MATTERS BEFORE COURT 41<br>
42
Department of Transport and Safety (North West) and SA Express: Postponed for trial
Department of Human Settlements (Free State) Asbestos: Postponed for trial
PRASA Auswell Mashaba: Postponed for instructions
SABC Sulley Mtsweni: Postponed for section 174 application outcome
ESKOM Themba Mpika: Postponed for further investigations
Mkhuli Lukhele Gauteng Dept of Health Impela Alliance cc: postponed for disclosure
Roger Nkhumise Moretele Local Municipality: Review application outcome SUMMARY OF SCCU COURT MATTERS 42<br>
Department of Human Settlements (Free State) Asbestos: Postponed for trial
PRASA Auswell Mashaba: Postponed for instructions
SABC Sulley Mtsweni: Postponed for section 174 application outcome
ESKOM Themba Mpika: Postponed for further investigations
Mkhuli Lukhele Gauteng Dept of Health Impela Alliance cc: postponed for disclosure
Roger Nkhumise Moretele Local Municipality: Review application outcome SUMMARY OF SCCU COURT MATTERS 42<br>
43
CHALLENGES 43<br>
44
Lapse of time between the date of commission of offence to the date when a Proclamation is issued.
Loss of documentary evidence also due to the passage of time.
Unavailability of witnesses.
Lack of cooperation by state entities/ departments.
Conversion of SIU referrals into admissible evidence in a criminal court. CHALLENGES 44<br>
Loss of documentary evidence also due to the passage of time.
Unavailability of witnesses.
Lack of cooperation by state entities/ departments.
Conversion of SIU referrals into admissible evidence in a criminal court. CHALLENGES 44<br>
45
45 PROGRESS ON SIU REFERRALS:
ASSET FORFEITURE UNIT (AFU) 3<br>
ASSET FORFEITURE UNIT (AFU) 3<br>
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46 The Prevention of Organised Crime Act, 121 of 1998 (POCA) provides for the civil forfeiture of criminal assets used to commit an offence or assets that are proceeds of unlawful activities.
It provides for both ‘criminal’ asset recovery, through confiscation of the benefit of unlawful activities; ‘civil’ asset recovery, through the preservation and final forfeiture of proceeds or instrumentalities of unlawful activities. Applies to all crimes, not only corruption.
Criminal asset recovery
Chapter 5 (conviction-based recovery): Provides for the recovery of the benefit derived from unlawful activities and may only follow where criminal proceedings are pending with recovery only taking place after conviction through a confiscation enquiry.
Civil asset recovery
Chapter 6 (non-conviction based recovery): Provides for preservation and final forfeiture of the proceeds or instrumentalities of unlawful activities and may instituted in the absence of criminal prosecution. Asset Recovery legislation<br>
It provides for both ‘criminal’ asset recovery, through confiscation of the benefit of unlawful activities; ‘civil’ asset recovery, through the preservation and final forfeiture of proceeds or instrumentalities of unlawful activities. Applies to all crimes, not only corruption.
Criminal asset recovery
Chapter 5 (conviction-based recovery): Provides for the recovery of the benefit derived from unlawful activities and may only follow where criminal proceedings are pending with recovery only taking place after conviction through a confiscation enquiry.
Civil asset recovery
Chapter 6 (non-conviction based recovery): Provides for preservation and final forfeiture of the proceeds or instrumentalities of unlawful activities and may instituted in the absence of criminal prosecution. Asset Recovery legislation<br>
47
Summary of asset recoveries Overlapping of mandates
SIU may institute and conduct civil proceedings in a Special Tribunal or any Court for the recovery of any damages or losses suffered by a State institution which do not have any asset recovery potential.
AFU recoveries through SIU referrals
Confiscations/forfeitures
Number 84
Value R4,784 billion
Freezes
Number 115
Value R12,467billion
Recoveries
Value R3 billion 47<br>
SIU may institute and conduct civil proceedings in a Special Tribunal or any Court for the recovery of any damages or losses suffered by a State institution which do not have any asset recovery potential.
AFU recoveries through SIU referrals
Confiscations/forfeitures
Number 84
Value R4,784 billion
Freezes
Number 115
Value R12,467billion
Recoveries
Value R3 billion 47<br>
48
48 Eskom/ABB
IDAC, in collaboration with the AFU, recovered R2,55bn from ABB
Moyo Matter (Kusile Power Station Project)
AFU obtained a preservation order and final forfeiture order in the amount of R24,6m with the recovery process ongoing. (20 March 2024)
Tamukelo Matter (Kusile Power Station Project)
AFU obtained a preservation order and final forfeiture order in the amount of R9,8m with the recovery process ongoing. (20 March 2024)
Patrick Jones and Others (Corruption at Eskom Mpumalanga)
AFU obtained a preservation order in the amount of R14,7m with forfeiture proceedings ongoing.
Chris Obutse Mere (Eskom Provident Fund)
AFU obtained a confiscation order in the amount of R647k which was paid back to the victim.
Tegeta/Optimum Colliery/Templar
AFU secured two settlements to the value of R480m and to date recovered R19m. ESKOM Matters<br>
IDAC, in collaboration with the AFU, recovered R2,55bn from ABB
Moyo Matter (Kusile Power Station Project)
AFU obtained a preservation order and final forfeiture order in the amount of R24,6m with the recovery process ongoing. (20 March 2024)
Tamukelo Matter (Kusile Power Station Project)
AFU obtained a preservation order and final forfeiture order in the amount of R9,8m with the recovery process ongoing. (20 March 2024)
Patrick Jones and Others (Corruption at Eskom Mpumalanga)
AFU obtained a preservation order in the amount of R14,7m with forfeiture proceedings ongoing.
Chris Obutse Mere (Eskom Provident Fund)
AFU obtained a confiscation order in the amount of R647k which was paid back to the victim.
Tegeta/Optimum Colliery/Templar
AFU secured two settlements to the value of R480m and to date recovered R19m. ESKOM Matters<br>
49
49 Mooidheen/Pillay (ABB)
AFU obtained a restraint order in the amount of R584m and a confiscation order will be sought after conviction.
Hlakudi and Others
AFU obtained a restraint order in the amount of R1,44bn and a confiscation order will be sought after conviction. ESKOM Matters (cont.)<br>
AFU obtained a restraint order in the amount of R584m and a confiscation order will be sought after conviction.
Hlakudi and Others
AFU obtained a restraint order in the amount of R1,44bn and a confiscation order will be sought after conviction. ESKOM Matters (cont.)<br>
50
50 Eskom Optimum Colliery – Tegeta Resources<br>
51
51 Eskom Optimum Colliery – Tegeta Resources<br>
52
52 PRASA (D Mthimkulu)
AFU obtained a restraint order in the amount of R3m and was granted a confiscation order in the amount of R5,58m (15 March 2024).
AFU is collaborating closely with all law enforcement agencies in the investigation of all PRASA-related SIU referrals. PRASA Matters<br>
AFU obtained a restraint order in the amount of R3m and was granted a confiscation order in the amount of R5,58m (15 March 2024).
AFU is collaborating closely with all law enforcement agencies in the investigation of all PRASA-related SIU referrals. PRASA Matters<br>
53
53 Mhlatuze Waterboard (MP Duze and others)
AFU obtained a preservation order in the amount of R28m.
Mhlatuze Waterboard (SR Mhlanga and Others)
AFU obtained a preservation order in the amount of R18m.
Lepelle Northern Waterboard
AFU investigations are ongoing with immovable property having already been identified.
Recovery specialists has been appointed. WATERBOARD Matters<br>
AFU obtained a preservation order in the amount of R28m.
Mhlatuze Waterboard (SR Mhlanga and Others)
AFU obtained a preservation order in the amount of R18m.
Lepelle Northern Waterboard
AFU investigations are ongoing with immovable property having already been identified.
Recovery specialists has been appointed. WATERBOARD Matters<br>
54
54 The SIU directly referred several NLC matters to the AFU for assistance with the civil asset recovery of the proceeds of unlawful activities. This collaboration resulted in the preservation of R94,3m of proceeds of unlawful activities:
Lotteries 1
AFU obtained a preservation order in the amount of R23,2m with the forfeiture application being opposed.
Lotteries 2
AFU obtained a preservation order in the amount of R56,3m with the forfeiture application being opposed.
Lotteries 3
AFU obtained a preservation order in the amount of R14,8m with the forfeiture application being opposed.
Lotteries 4
AFU obtained a preservation order in the amount of R7,5m with the forfeiture application pending.
A full breakdown of the status of the cases is available in an annexure to this presentation. NATIONAL LOTTERIES COMMISSION<br>
Lotteries 1
AFU obtained a preservation order in the amount of R23,2m with the forfeiture application being opposed.
Lotteries 2
AFU obtained a preservation order in the amount of R56,3m with the forfeiture application being opposed.
Lotteries 3
AFU obtained a preservation order in the amount of R14,8m with the forfeiture application being opposed.
Lotteries 4
AFU obtained a preservation order in the amount of R7,5m with the forfeiture application pending.
A full breakdown of the status of the cases is available in an annexure to this presentation. NATIONAL LOTTERIES COMMISSION<br>
55
55 Regiments Capital (Transnet Pension Fund)
AFU obtained a restraint order in the amount of R1,658bn and a confiscation order will be sought after conviction.
SAP – Transnet
AFU entered into a resolution with Systems Applications Products (SAP) for recoveries relating inter alia to corrupt contracts.
R1,080bn recovered from SAP which includes payments to CARA and victims. TRANSNET Matters<br>
AFU obtained a restraint order in the amount of R1,658bn and a confiscation order will be sought after conviction.
SAP – Transnet
AFU entered into a resolution with Systems Applications Products (SAP) for recoveries relating inter alia to corrupt contracts.
R1,080bn recovered from SAP which includes payments to CARA and victims. TRANSNET Matters<br>
56
56 Department of Human Settlements (Asbestos Case)
AFU obtained 2 restraint orders in the total amount of R1,958bn.
Bosasa (Vincent Smith)
AFU obtained a restraint order in the amount of R4,5m.
AFU obtained a restraint order in the amount of R58,8m in respect of Gillinghan, Mthi & others.
Free State Housing (Asbestos Matter)
AFU obtained a restraint order in the amount of R300m.
SA Express and PRASA (Royal Security)
AFU is collaborating closely with all law enforcement agencies in these investigations and will consider the asset recovery potential of the cases. Other matters<br>
AFU obtained 2 restraint orders in the total amount of R1,958bn.
Bosasa (Vincent Smith)
AFU obtained a restraint order in the amount of R4,5m.
AFU obtained a restraint order in the amount of R58,8m in respect of Gillinghan, Mthi & others.
Free State Housing (Asbestos Matter)
AFU obtained a restraint order in the amount of R300m.
SA Express and PRASA (Royal Security)
AFU is collaborating closely with all law enforcement agencies in these investigations and will consider the asset recovery potential of the cases. Other matters<br>
57
57 Department of Public Works (Masiqame Trading)
AFU obtained a confiscation order in the amount of R500k.
Ethekwini Municipality (Western Breeze)
AFU obtained a forfeiture order in the amount of R19m.
Ethekwini Municipality (Ngcobo - Jaguar)
AFU obtained a restraint order in the amount of R450k.
Ethekwini Municipality (Abbu, Zandile Gumede)
AFU obtained a restraint order in the amount of R51m and a confiscation order will be sought after conviction. Other matters (cont.)<br>
AFU obtained a confiscation order in the amount of R500k.
Ethekwini Municipality (Western Breeze)
AFU obtained a forfeiture order in the amount of R19m.
Ethekwini Municipality (Ngcobo - Jaguar)
AFU obtained a restraint order in the amount of R450k.
Ethekwini Municipality (Abbu, Zandile Gumede)
AFU obtained a restraint order in the amount of R51m and a confiscation order will be sought after conviction. Other matters (cont.)<br>
58
58 Vhembe District Municipality (Freddy Tshivengwa)
AFU obtained a restraint order in the amount of R11,2m and a confiscation order will be sought after conviction.
Various SAA Matters
AFU, in collaboration with the SIU, is assisting in the investigations of several SAA matters, which include:
SAA (Obsolete Stock)
SAA (Pilanesberg Airport Company, Mahikeng Airport)
SAA (SIB Paint)
SAA ( Plane Swap agreement)
SAA (BNP Capital)
SAA (New Age News Paper) Other matters (cont.)<br>
AFU obtained a restraint order in the amount of R11,2m and a confiscation order will be sought after conviction.
Various SAA Matters
AFU, in collaboration with the SIU, is assisting in the investigations of several SAA matters, which include:
SAA (Obsolete Stock)
SAA (Pilanesberg Airport Company, Mahikeng Airport)
SAA (SIB Paint)
SAA ( Plane Swap agreement)
SAA (BNP Capital)
SAA (New Age News Paper) Other matters (cont.)<br>
59
CONCLUDING REMARKS Addressing matters referred by the SIU requires that different role players (SIU, DPCI, NPA) operate optimally and collaborate as part of one value chain.
Each of these entities has its own mandate and a specific operational model (i.e. SIU must ensure that its investigations meet the civil standard of proof, whereas the NPA must meet the more onerous criminal standard, given its mandate).
We have developed mechanisms to enhance the collaboration between the different role-players, to maximise their respective contributions, which are bearing fruit.
To continue to succeed in prosecuting SIU matters and convicting the perpetrators, there must be public confidence in each entity that is part of this value chain. If that confidence is broken in relation to any one part of this value chain, this will destroy the confidence in the rule of law across the country. 59<br>
Each of these entities has its own mandate and a specific operational model (i.e. SIU must ensure that its investigations meet the civil standard of proof, whereas the NPA must meet the more onerous criminal standard, given its mandate).
We have developed mechanisms to enhance the collaboration between the different role-players, to maximise their respective contributions, which are bearing fruit.
To continue to succeed in prosecuting SIU matters and convicting the perpetrators, there must be public confidence in each entity that is part of this value chain. If that confidence is broken in relation to any one part of this value chain, this will destroy the confidence in the rule of law across the country. 59<br>