South Africans have a right to demand proper storage of State Capture Commission’s files. Picture: X
South Africans are well within their rights to demand the proper storage of the State Capture Commission’s files and hold an interest in their wellbeing, according to advocacy group Corruption Watch’s Kiran Singh.
The comment comes amid reports that crucial information State Capture Commission has gone missing from the state’s data centre, raising fears that those implicated in the report could get away without being prosecuted.
The commission, headed by the now retired Chief Justice Raymond Zondo had more than 200 witnesses testifying before concluding with a report that made some important recommendations against senior public figures who had been implicated during the presentation of evidence.
When approached to determine whether the files were properly stored this week, Office of the Chief Justice’s Lusanda Ntuli simply referred all queries to the Department of Justice and Constitutional Development who dismissed the reports as misleading and inaccurate.
“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,” said Tsekiso Machike.
He alluded to the ministry’s meeting last month with a number of the entities of the department, and committed to support the work of the National Prosecuting Authority (NPA) and its Investigative Directorate. He emphasised the department’s obligation as the legal custodian of all the assets of the Commission including the data centre, citing a number of acts that gave the department authority to do this.
He added that since the commission’s time had lapsed the department was continuing with the work that had not been concluded.
“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,” Machike said.
According to the spokesperson part of the work included training over 20 NPA investigators and providing them with direct access to the commission’s digital platforms, responding to data requests from a number of entities 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 (SOE) and ensuring that the remaining staff that is experienced in data science and programming, continue to support ongoing projects.
Machike said that such moves reflected the department’s unwavering commitment to seeing the process from the commission’s work to its end.
“The department remains committed to transparency, accountability, and the effective use of its data to support justice and governance in South Africa, he said.
Singh noted how the Zondo Commission was a special purpose vehicle that had given a snapshot on the goings-on within government departments, and state-owned entities and how there was a need to see to it that those fingered got to answer for their sins.
He pointed out how the commission had been strengthened by the sheer volume of evidence that was provided by witnesses throughout the period of the hearings.
“Whether or not the scenario is true the South African public has a right to want to know and be assured that the data is properly secured and that those who were named are prosecuted,” said Singh.
Regarding the need to provide maximum security on the data, Singh said that this was a non-negotiable expectation on the state from the public.
He also decried the element of secrecy from the government around the commission’s work, saying that this was one of reasons for suspicion and speculation.
“The fact is that there are a number of moves taking place behind the scenes, many of which are aimed at prosecuting implicated individuals but they remain unknown to the public demonstrating lack of proper messaging from the executive,” Singh said.