Simelane Highlights Establishment of IDAC and Efforts Against Corruption

Speaking at a media briefing in Tshwane, Simelane described the establishment of the IDAC as a crucial advancement in South Africa's fight against corruption.

Minister of Justice and Constitutional Development, Thembi Simelane, has emphasized the importance of the recently operationalized Investigating Directorate against Corruption (IDAC), which is housed within the National Prosecuting Authority (NPA). Speaking at a media briefing in Tshwane, Simelane described the establishment of the IDAC as a crucial advancement in South Africa's fight against corruption.

In May 2024, President Cyril Ramaphosa signed the NPA Amendment Act into law, and on Thursday, he issued a proclamation bringing the Act into effect. This marks a significant shift from the previous Investigating Directorate, which was subject to dissolution by presidential proclamation. In contrast, the IDAC's permanent status ensures its independence, parliamentary oversight, and grants it criminal investigation powers.

Simelane highlighted that the IDAC will no longer depend on secondments for staffing. Instead, it will recruit permanent employees and invest in comprehensive training, strengthening the country's ability to tackle complex corruption cases. This includes implementing recommendations from commissions of inquiry, such as the Judicial Commission of Inquiry into Allegations of State Capture, Corruption, and Fraud in the Public Sector.

The Minister also noted that regulations supporting the IDAC's work, particularly under sections 19D(3) and 22A(4) of the NPA Act, will be published on 19 August 2024. Additional regulations under section 8, which will enable the appointment of a retired judge to oversee complaints related to IDAC investigators, are nearing completion.

State Capture Commission Data and Digital Evidence Unit

Simelane provided updates on efforts to pursue justice following the recommendations of the State Capture Commission. She revealed that a recent meeting between business and government resulted in a commitment to collaborate on establishing a digital evidence unit. This unit will play a critical role in extracting and analyzing data from encrypted devices, such as cellphones and laptops, to gather the evidence needed to prosecute corruption cases, especially those related to state capture.

During its operation, the State Capture Commission's data center collected over a petabyte of structured and unstructured data, including digital records from hearings, investigations, legal work, and submissions to the Secretariat office. The Department of Justice and Constitutional Development, as the legal custodian of the Commission's assets, including its data, ensures that law enforcement agencies have priority access to this information.

Simelane clarified that the data collected by the Commission has been shared with law enforcement agencies and that these agencies continue to have access. To facilitate this, the Commission amended Regulation 11 to grant special access to its data and trained over 20 NPA investigators to use its digital forensic platforms.

These efforts underline the government's commitment to addressing corruption and ensuring justice in South Africa.