In a significant move to combat prolonged inaction on state capture-related crimes, South African non-profit organization Open Secrets has filed a court application against the Directorate for Priority Crime Investigation (the Hawks) and the National Prosecuting Authority (NPA). The application, submitted to the North Gauteng High Court in Pretoria, seeks judicial review of the agencies’ failure to conclude investigations and prosecute individuals implicated in corruption at the Passenger Rail Agency of South Africa (PRASA) during the state capture era.
Open Secrets contends that despite substantial evidence and numerous recommendations from various investigative bodies, including the Auditor-General, the Public Protector, and the Zondo Commission, there has been a decade-long delay in holding accountable those involved in the misappropriation of approximately R5 billion from PRASA between 2012 and 2017. Key figures named in the alleged corruption include former PRASA CEO Lucky Montana, Sfiso Buthelezi, Roy Moodley, Makhensa Mabunda, and Auswell Mashaba .
The legal action aims to have the court declare the Hawks’ and NPA’s delays as unlawful and compel them to finalize investigations and make prosecutorial decisions. Open Secrets’ legal representative, Luthando Vilakazi, emphasized the necessity of the application, stating, “This application is a step towards holding the Hawks and the NPA accountable for not fulfilling their important public duties to investigate and prosecute crime, and to sanction them for their irrational delay in concluding the investigation and deciding whether to prosecute” .
The Zondo Commission’s final report, submitted in June 2022, highlighted systemic issues within PRASA, noting that efforts by the board under Popo Molefe to instill a culture of accountability were met with hostility and lack of support from top government officials, including then-President Jacob Zuma and Deputy President Cyril Ramaphosa. The report criticized the failure of political leadership to back anti-corruption measures within the agency .
Open Secrets’ court application underscores the broader challenges facing South Africa’s justice system in addressing state capture. Despite the extensive documentation of corruption and public outcry, the lack of prosecutions raises concerns about the effectiveness of law enforcement agencies in tackling high-level corruption.
As the case proceeds, it brings renewed attention to the imperative of accountability and the role of civil society in advocating for justice. The outcome may set a precedent for how South Africa addresses the legacy of state capture and reinforces the importance of timely and decisive action against corruption.
