NPA bosses are locked in a stand-off with the Justice Ministry which has blocked full access to vital state capture evidence and is now stalling the permanent establishment of the Investigating Directorate (ID).

News24 reports that the NPA and ID have completely lost access to a large digital evidence database gathered by Zondo Commission investigators, and the trove of incriminating information it contains, because of a lack of maintenance.

The NPA had been locked in a protracted battle to ensure outright ownership of the digital database, while the ID was being prevented from going after state capture rogues because the Act giving it permanency is still not operational.

The NPA sent numerous letters to the Ministry, pleading for access to the database, with no success.

Thembi Simelane, who recently succeeded Ronald Lamola as Justice Minister, has also been requested to finalise the implementation of the NPA Amendment Act as a matter of urgency.

This has, however, not been done.

Both the ID and the NPA have held engagements with Justice Ministry functionaries and leaders, and a flurry of correspondence in an effort to access the database unhindered has amounted to nought.

It comprises of a mammoth cache of statements, documents, bank records and forensic computer imaging equivalent to 1m gigabytes. This is beyond the 1 731 106 pages of documentary evidence that was prepared and presented before Zondo. 

News24 notes that the database is suspected to hold much evidence that could be incriminating for many individuals in the ANC and the government, and might well be related – but not limited – to vast tranches of documents about corruption at state-owned companies, such as Eskom, Transnet, Prasa and SAA.

It is also believed that the database and a separate archive contain evidence of illegal intelligence operations in service of certain factions of the ANC, as well as money flows and transfers.

‘The expert who worked for the Zondo Commission has informed the NPA that, because of lack of maintenance, the data is no longer accessible,’ NPA spokesperson Mthunzi Mhaga said in response to questions from News24.

‘The Justice Ministry is engaged in the process to procure the services of a service provider to maintain and restart access, and the ID has now sought the services of other experts to try and assist the NPA in gaining access to the Zondo Commission data,’ he added. 

President Cyril Ramaphosa signed the NPA Amendment Act shortly before the May election, but the Act has not been gazetted and is not operational.

Presidential spokesperson Vincent Magwenya said the DoJ is currently processing the proclamation.

‘Hopefully, the process will be done before the end of August. As you know, the ID has already been in operation, we are certain there's been no adverse impact on the work of the unit,’ he said.

Full News24 report