Former Public Protector Thuli Madonsela and the South African Communist Party (SACP) have been among those calling for the National Prosecuting Authority (NPA) to act on the revelations in the Gupta emails, which show criminality in state institutions.
Under the current South African law, the NPA does not have legal powers to initiate investigations.
Executive Secretary at Council For The Advancement Of The Constitution (Casac), Lawson Naidoo says the Hawks have failed to respond to its inquiries over various cases related to state capture.
There has been a spate of information that has now come into the public domain as a result initially of the Public Protector's report on state capture as well as the more recent Gupta leaks...Either the Hawks, police, they do not require someone to go lay a complaint with them. They have the power to investigate matters that come to light.— Lawson Naidoo, Executive Secretary at Council For The Advancement Of The Constitution (Casac)
As Casac we have been chasing the Hawks to find out what has happened. There have been various criminal complaints that have been laid with them that we know of from the EFF, DA, Vytjie Mentor and others.— Lawson Naidoo, Executive Secretary at Council For The Advancement Of The Constitution (Casac)
There has been very little if any progress in those matters. The Hawks are refusing to provide information on what the status of those cases are.— Lawson Naidoo, Executive Secretary at Council For The Advancement Of The Constitution (Casac)
Advocate Luvuyo Mfaku, spokesperson at the National Prosecuting Authority (NPA) insists they cannot intervene.
The investigation of crime falls squarely within the ambit of the police. We can only prosecute once we are presented with a criminal docket that is fully investigated. Ours is to look at the admissibility, issues relating to the relevance of the evidence and sufficiency and then make a decision whether to prosecute anyone, at this stage we do not have a docket at our disposal.....— Advocate Luvuyo Mfaku, Spokesperson at the National Prosecuting Authority (NPA)
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