Kubayi: NPA capacity up as state capture cases progress

Justice and Constitutional Development Minister Mmamoloko Kubayi has reported steady progress by the National Prosecuting Authority (NPA) in prosecuting state capture cases, following the Zondo Commission Report’s release and ongoing capacity-building efforts.

The ministers responsible for peace and security – namely, Kubayi, and Minister of International Relations and Cooperation Ronald Lamola – appeared before the National Council of Provinces (NCOP) for a question-and-answer session on Tuesday afternoon.

Kubayi responded to questions about capacity challenges at the NPA and the progress in prosecuting state capture-related cases since the submission of the Zondo Commission Report to the president.

NPA capacity increased from 50% to 73% – Kubayi

ANC MP Lydia Mananiso asked Kubayi about the NPA’s capacity. In response, Kubayi reported that the NPA improved its capacity performance from 50% in 2020/2021 to 73% in 2023/2024, attributing the increase to better-resourced and more capable organisations.

She said the NPA’s staff establishment has expanded by 34% since 2019, with a reduced vacancy rate and a drive to fill 268 posts by the end of May 2025.

She added that the department continues to prioritise training and skills development, with 148 training programmes planned and 60 employees benefiting from the initiative so far.

ALSO READ: Ramaphosa, Chief Justice mourn passing of Judge Temba Sangoni

The minister acknowledged the public outcry from recent cases, like Nigerian televangelist Timothy Omotoso’s acquittal and former personal assistant to Ace Magashule Moroadi Cholota’s case.

“If we look at these two cases, there are lessons to be learned from them, and more work can be done in terms of support and providing oversight over these cases, but a lot of work is being done,” she said.

Prosecutor caseloads

In terms of the NPA’s assessments of caseloads, Kubayi provided detailed statistics on the workload per prosecutor in district and regional courts.

Kubayi noted that district court prosecutors each handle an average of 80 outstanding cases, while those in regional courts manage 53. She said prosecutors handled an average of 207 decision dockets in the past financial year.

She said prosecutors district courts finalise an average of 105 valid cases per year, while regional court prosecutors finalise 26.

Comparing South Africa’s workload to international counterparts, Kubayi said local prosecutors are not overburdened relative to peers in countries such as Thailand, Italy, Spain, France, Switzerland, Luxembourg, and Australia.

ALSO READ: Dirco confirms death of SA citizen in West Virginia, US

“The fact remains, based on statistics, they are not functioning out of the norm… The fact is that we’ve done comparisons with other people, and they are actually, in some instances, having less of a workload than the others,” she said.

The minister added that prosecutors have the option to raise their workload concerns with their supervisors.

State capture case progress

On the matter of state capture, Kubayi detailed the NPA’s progress, highlighting the enrolment of several high-profile cases and the Asset Forfeiture Unit’s role in stripping profits gained from criminal activity.

Since the Zondo Commission Report’s release, the Investigating Directorate Against Corruption (IDAC) has reviewed 120 recommendations. Of these, 82 remain under investigation, 23 are before the courts, and four have been finalised.

The minister said IDAC is also handling 57 cases where no specific recommendations were made, with 28 cases before courts, 28 under investigation and six being considered for authorisation.

“IDAC only came into operation in August 2024 and has been focused on this work. Therefore, the recruitment of investigators only commenced recently, so the issue of investigative capacity still affects IDAC capacity,” Kubayi said.

ALSO READ: Batohi clarifies NPA infiltration claims to justice minister amid criticism

When asked if the department had vetted NPA investigators and prosecutors to prevent internal sabotage or case compromises, Kubayi responded that she does not interfere in prosecutorial decisions. Instead, she focuses on ensuring the NPA operates in a conducive and independent environment.

She confirmed that there was consistent vetting and that all employees were required to undergo lifestyle audits to detect any wrongdoing.

“We also call upon the public if there are cases that you know of or individuals within our ranks that you know are acting outside what they are supposed to do, to be able to alert us,” the minister said.

Lamola, who was speaking from the G7 Summit in Canada, answered questions about repositioning the Southern African Development Community (SADC) and the African Union (AU) in the current geopolitical climate and plans to address illegal immigration.

Lamola reiterates SA’s commitment to SADC

The Chairperson of the Select Committee on Security and Justice, Jane Mananiso, asked Lamola about South Africa’s role in repositioning the SADC and AU immediately in the changing geopolitics and international order.

He also reiterated South Africa’s commitment to the SADC, emphasising the country’s role in promoting regional growth, integration, and conflict resolution.

ALSO READ: SA calls for urgent probe after 32 Palestinians killed while waiting for food

He described the global political landscape as volatile, with a focus on the scramble for African resources and political influence. Lamola said South Africa’s strategy was to counter geopolitical technical support and meet financial obligations to SADC.

“The AU is an important organisation and agency to advance South Africa’s vision of a better Africa in a better world, despite the ever-changing geopolitical and international order,” the minister said.

Continued support for peacekeeping efforts

Addressing South Africa’s peacekeeping responsibilities and lessons from the mission in the Democratic Republic of the Congo (DRC), Lamola affirmed the country’s continued support for peacekeeping efforts under SADC.

On Friday evening, the first group of 249 South African soldiers who were deployed in eastern DRC returned home.

“South Africa continues to engage and brief all missions in South Africa from the continent on the prevailing environment and the situation and continues to work with all our partners and stakeholders in the country to maintain peace and security, and also to continue to build tolerance amongst South Africans and also foreign nationals,” he said.

UDM MP Matthewis Mandla Peter questioned Lamola about strategies to collaborate with other African countries to curb illegal immigration through formal agreements and coordinated efforts to address root causes.

ALSO READ: Kubayi condemns murder of young prosecutor in Eastern Cape

Lamola acknowledged South Africa’s role as a destination for both regular and irregular migrants and stressed the need for a coordinated, continent-wide approach.

He cited the African Union’s Migration Policy Framework for Africa and its related protocols and action plan as guiding instruments.

“The management of illegal migration on the continent cannot be removed from the broader challenges of migration facing the international community. Migration has always been a geopolitical issue, more so in this current geopolitical climate,” Lamola said.