4 April 2019
An Investigating Directorate in the Office of the National Director of Public Prosecutions has been established.
The proclamation announcing the establishment was published in Government Gazette 42383.
The ministers of police and justice and correctional services and the national director of public prosecutions recommended the setting up of the Investigating Directorate.
The new Directorate will investigate common law offences including fraud, forgery, uttering, theft and any offence involving dishonesty.
It will also focus on statutory offences such as contraventions of the Prevention and Combating of Corrupt Activities Act 6 of 2000; the Prevention of Organised Crime Act 121 of 1988; the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004; the Public Finance Management Act 1 of 1999; the Municipal Management Act 56 of 2003; the Financial Intelligence Centre Act 38 of 2001 and any other statutory offence involving dishonesty.
Any unlawful activities relating to serious, high profile or complex corruption including but not limited to offences or criminal or unlawful activities arising from various Commissions of Inquiry will also fall within the Directorate’s scope.
Commissions include the Zondo Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, the Nugent Commission of Inquiry into Tax Administration and Governance by the South African Revenue Service and the Mpati Commission of Inquiry into Allegations for Impropriety regarding the Public Investment Corporation.
The national director can also refer any other serious, high profile or complex corruption case to the Directorate for investigation.
Meanwhile, in Gazette 42384, the Terms of Reference of the Mpati Commission of Inquiry into Allegations for Impropriety regarding the Public Investment Corporation have been amended.
A new clause 1.17 is inserted focused on “whether the PIC has given effect to its clients’ mandates as required by the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002) and any applicable legislation”.
The deadline for the final report has also been extended to 31 July 2019.
The amendments come into effect on 15 April 2019.