Cape Town - The public accounts watchdog body heard on Tuesday that there were 1 087 referrals from the Special Investigating Unit (SIU) that were still under investigation by the Directorate of Priority Crime Investigation (DPCI) as at March 10.
The number dropped slightly from the 1098 recorded in February.
This emerged when the Standing Committee on Public Accounts (Scopa) received a follow up briefing by the National Prosecuting Authority (NPA) on cases referred to it by the SIU.
Briefing the committee, Deputy National Director of Public Prosecutions Rodney de Kock described the process followed by NPA to refer the cases from SIU to its regions and assignment of prosecutors and investigators from the DPCI.
He said the NPA declined to prosecute in 256 matters as at March 10.
De Kock said there were 57 matters in court, 41 guilty verdicts, 23 people were in court, three matters were referred to the SIU and two matters each were waiting for a decision to prosecute and warrants of arrest.
His report also showed that 460 cases were still under investigation, NPA declined to prosecute in 93.
Referring to the NPA decisions not to prosecute, De Kock said their decisions were because there was not sufficient evidence to proceed with prosecution.
“Prosecutors are under obligation to evaluate evidence after an investigation and make an objective assessment whether there is sufficient evidence or whether there is reasonable prospect of successful prosecution,” he said.
De Kock also said there has to be a proper investigation and they could not proceed immediately on the basis of a referral as the investigation may reveal more evidence and there are potentially more accused to be added.
“Our job is to ensure administration of justice is protected at all times and enrol only when we believe there is a case,” he said.
“We need to investigate holistically and we can't rush to court. If we rush, we are not doing our work properly. We need to do our work correctly in line with the law and the NPA Act,” De Kock added.
He, however, said there was much work to be done between the trio entities – NPA, SIU and DPCI in terms of collaboration.
“It is important to ensure effective dealing with referrals, investigations and prosecutions in a coordinated manner.
“Interaction is required between the SIU, DPCI and NPA to monitor new referrals, investigations and prosecutions,” he said.
De Kock added that there was a need to address actions that may impede on the efficient dealing with criminal matters without unnecessary delay, ensure common understanding and create improved participation between all stakeholders.
SIU head Andy Mothibi expressed his sense of gratitude at the attention that the referrals to the NPA were receiving.
Mothibi said they were enjoined by the law to refer evidence that pointed to criminal action to the NPA.
“We are pleased now they are being attended to, whether the outcome is as indicated. That is exactly what we wanted to see as far back so that the efforts of the SIU are not futile when matters are referred,” he said.
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