The Standing Committee on Public Accounts (SCOPA) agreed to pursue a full inquiry into corruption-related cases referred to the National Prosecuting Authority (NPA) that have not resulted in prosecution.
The committee received briefings from the Special Investigating Unit (SIU), the NPA and the Directorate for Priority Crime Investigation, commonly known as the Hawks, on the status of referrals and prosecutions arising from former Chief Justice Raymond Zondo’s recommendations, as well as investigations, prosecutions and asset recovery matters.
Members were presented with a provincial breakdown of cases the SIU has referred to the NPA. The committee heard that Gauteng, KwaZulu-Natal and the Eastern Cape have the highest numbers of corruption-related cases. The NPA also provided statistics on cases that had not resulted in prosecution.
Since 2011, the SIU has referred 5 944 matters to the NPA. Gauteng accounted for the highest number of referrals, with 2 655, followed by KwaZulu-Natal with 1 045 and the Eastern Cape with 871.
The NPA said that, despite the high number of referrals, the Eastern Cape had faced significant challenges in converting these cases into successful prosecutions. A substantial proportion of matters referred from the province had resulted in nolle prosequi decisions, meaning that the cases were not pursued in court. The primary reasons included the absence of a prima facie case establishing criminality, insufficient evidence to secure a conviction, and an inability to demonstrate gross negligence, as required by law.
Committee Chairperson Mr Songezo Zibi said SCOPA needed to establish why cases referred by the SIU appeared to fall between the cracks, why some matters were withdrawn or deemed not prosecutable, and whether there were patterns in prosecutorial decisions that required closer scrutiny.
SCOPA also expressed concern about capacity constraints within the Hawks. Members noted that the institution had a vacancy rate of approximately 49%. The committee heard that the Hawks were struggling to retain experienced investigators and forensic specialists because of salary disparities with other state institutions and the private sector.
The committee said the staffing shortages weakened the Hawks’ ability to finalise complex corruption investigations and undermined its capacity to combat corruption by making it difficult to retain skilled personnel.
Committee member Mr Alan Beasley said: “It’s inconceivable that a corruption-busting organisation would have a vacancy rate of 49 per cent.”
Members questioned whether the staffing challenges reflected deeper systemic problems. Mr Thalente Kubheka suggested: “If you are running an entity on a 50 per cent staff complement, you are deliberately trying to sabotage that entity.”
Members also raised concerns about the use of alternative dispute resolution (ADR), arguing that it appeared to allow wealthy entities to avoid criminal liability while those without financial resources faced prosecution. The committee questioned why companies against which adverse findings had been made were allowed to remain in the system and continue receiving government contracts.
Ms Ntombovuyo Mente-Nkuna said ADR was, in effect, creating “a law for the poor and a law for the rich”.
Yoliswa Landu
28 August 2026
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