Justice Department Clarifies State Capture Commission Data Centre Access for NPA

The Department of Justice and Constitutional Development (DJCOD) has addressed what it labels as "inaccurate media reports," which have implied disruptions in the National Prosecuting Authority’s Investigating Directorate's (NPA ID) engagement with the State Capture Commission's (SCC) data repository.

In a recently released statement, the DJCOD emphasized that the relationship between the Ministry and the Investigating Directorate remains "cordial and professional". This clarification came on the heels of allegations insinuating that the Directorate had been impeded from accessing the data critical to its work on the SCC report.

In a display of support, the Ministry held a meeting on the 31st of July 2024 with various entities, including the NPA ID, where it reaffirmed its commitment to aid the prosecutorial body's mandates. The Department reassured that it continued to operate as the legal custodian of all of the SCC assets, including its data centre, subsequent to the lapse of the SCC's term.

Furthermore, the department articulated that these assets fell under its guardianship pursuant to the Commissions Act, 1947, which vests such responsibilities in the Minister of Justice and Constitutional Development.

The transition of the data centre's oversight to the DJCOD was part of the strategic blueprint inked in the founding Memorandum of Agreement with the National Treasury. In ensuring transparency, the department stands resolute in utilizing its data resources to buttress the administration of justice and governance structures across South Africa.

In addition, the department has established a Residual Mechanism tasked with addressing outstanding concerns of the Commission. This entails furnishing law enforcement agencies and other stakeholders with data and information upon request. A dedicated Secretariat continues to operate, maintaining the data centre and facilitating agency access to the necessary databases.

A significant investment in capacity building was also highlighted, with over 20 NPA investigators trained to use the Commission’s digital forensic platforms, granting them direct access to investigative resources. The Secretariat embedded within the Commission was noted for its responsiveness to data requisitions from a range of enforcement bodies, such as the Directorate of Priority Crime Investigations (DPCI-HAWKS), Asset Forfeiture Unit (AFU), and Financial Intelligence Centre (FIC), amongst others.

Furthermore, the DJCOD underscored that the staff skilled in data science and programming persist in lending their expertise to continued project efficacies. This assurance comes as a pivotal indicator of the Department’s commitment to an uninterrupted stream of support for law enforcement agencies, ensuring that justice can be effectively pursued in cases of State Capture and beyond.