Special Investigating Unit owed R1.1bn by other government entities

Justice Minister Mmamoloko Kubayi and the Special Investigating Unit (SIU) head, advocate Andy Mothibi, have had to channel their inner debt collectors, writing letters of demand to government departments, municipalities and entities that owe the organisation  R1.1-billion in fees.

Mothibi says if the situation is not resolved, it could adversely affect the SIU’s functions. The SIU’s funding is a 60/40 split between a direct government grant and payments from government entities that have enlisted the unit to conduct internal investigations. In many cases, the SIU discovers internal inefficiency and corrupt practices.

“The 60% on its own is not enough to run our operations and so on. And at the moment, the 40% part, we are sitting with a debt of more than R1.1-billion of all the state institutions that are owing us. And that’s why the minister was saying, when she came in, she engaged with us, she wrote letters to her peers, to other ministers. And so I said, ‘Hey monna [hey man], pay!’” Mothibi told Daily Maverick on the sidelines of a Justice Department roundtable event at the Nelson Mandela Foundation in Johannesburg on Friday.

“At the moment, we are still financially sound, but … our CFO at the last executive committee meeting, his presentation was such that, ‘Guys, if we don’t go after this debt, in about a year, we are going to see almost all our operations grinding to a halt,’” said Mothibi.

He added that the debt was a sign that the unit’s funding model needed to change urgently.

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The event was attended by Kubayi, who relayed her concerns about the SIU’s funding model.

“So when I arrived in the portfolio, I found that a lot of departments, provinces, and municipalities owed the SIU. So I had to sign a lot of letters of “Dear colleague”, asking them [for the money], becoming a debt collector.

“We were able, out of that amount, to recover 50% of what they owe us. It was quite good progress, but it does tell you that the financial model that the SIU has is not sustainable. It’s one of the reasons why I want the legislation to be changed,” said Kubayi.

The SIU is due for a make-over, following recommendations from the Zondo Commission of Inquiry report, and Mothibi said a review of the unit’s funding model should be a top priority.

The government intends to create a new anti-corruption unit, and the National Anti-Corruption Advisory Council has advised that the SIU be incorporated into this new body, whose proposed name is the Office of Public Integrity.

Read more: Trajectory favoured by anti-corruption advisory council report will end in tears

In addition to the SIU’s funding issues, Mothibi is concerned that the unit’s recommendations are not binding, meaning there is no recourse if they are not implemented. He said often the SIU would recommend that action be taken against government staff who had broken regulations, but departments did nothing.

“All these referrals of 1,676 employees that need to be disciplined, in many instances, we find inaction. The accounting authorities are not acting on these referrals. We have to follow through administratively. And administratively, that is to say: … ‘Accounting authority, what have you done to ensure that you implement the recommendation? If you haven’t done anything, then we need to escalate to the executive authority so that consequence management can be taken.’ Whereas, if the recommendations were binding, we would immediately compel the accounting authorities to take action,” he said.

Safety of prosecutors  

The National Prosecuting Authority (NPA) head, Shamila Batohi, also spoke at the roundtable event and raised concerns about the safety of prosecutors, saying the department spent R34-million a year to protect state advocates. This included 24-hour close protection with someone stationed at their homes during high-profile cases. In July, Gqeberha prosecutor Tracy Brown was killed outside her home in what police believe was a targeted killing.

Read more: Suspected hitman of state prosecutor makes court appearance amid tight security

Batohi said that despite this killing, many prosecutors were galvanised in the resolve to continue their work.

“When I went to the home of Tracy Brown after she passed away, there were a number of prosecutors that gathered there. And one young prosecutor, a woman, spoke to me, and she said to me, ‘Ma’am, we are fighters. When one of us falls, we keep fighting,’” said Batohi.

“We deal with 850,000 cases a year in the NPA by prosecutors across the country who put their lives on the line. In the Western Cape, we are dealing with probably some of the most hardened and dangerous organised criminals in the world, where prosecutors are fighting these cases every day. So it’s becoming an increasingly dangerous environment, but that is how we protect prosecutors, and it’s not a comfortable environment.”

Kubayi expressed similar concerns, saying that court staff and magistrates had also received threats.

“Killings of men and women who work for this justice cluster, it’s actually a threat to access to justice. It’s a threat to our democracy, and that’s why we must protect them, not only as a government, but all of us as South Africans,” she said.

Kubayi responded to questions about the ongoing Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System, chaired by former acting Deputy Chief Justice Mbuyiseli Madlanga.

Kubayi said the inquiry, commonly known as the Madlanga Commission, had not called her to appear, but she would do so if asked.

“I don’t expect to be called unless to explain about my portfolio, but we will cooperate with the commission, support them fully, and if we are called to account, we are ready to do so. And that’s why we encourage everybody who is expected to appear, to appear.

“You’d have seen the regulations, you’d have seen terms of reference. If you refuse, you can be arrested. So it’s not an option. If you are called upon to assist that commission, you have an obligation, as a South African, to assist that commission,” she said. DM