Legal pressure mounts on NPA and Hawks over Prasa corruption claims
Image: SAPS
A High Court application has been launched to force the National Prosecuting Authority (NPA) and the Hawks to investigate and prosecute individuals and companies implicated in widespread Passenger Rail Agency of SA (Prasa) corruption.
Open Secrets, a civil society organisation and non-profit company, has hauled outgoing national Hawks head Lieutenant-General Godfrey Lebeya and National Director of Public Prosecutions Shamila Batohi to the Gauteng High Court, Pretoria, to force the law enforcement agencies to act against Siyangena Technologies and Swifambo Rails Leasing, which received lucrative contracts from the country's troubled rail agency.
The troubles facing Batohi, who is due to retire early next year, appear to be piling up after she endured a tough few weeks at the helm of the NPA.
In its application, Open Secrets states that the two companies were awarded contracts worth billions of rand meant to modernise South Africa's rail system.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Next
Stay
Close ✕
'Instead, they became conduits for fraud, stripping Prasa bare and abandoning millions of poor commuters to a crumbling transport lifeline,' reads the affidavit filed by Open Secrets director Hennie van Vuuren last month.
The organisation has asked the court to declare invalid and review and set aside the Directorate of Priority Crimes Investigation's [DPCI (the Hawks)] failure, within a reasonable time, to complete the investigations into the complaints of corruption and fraud at the Prasa.
This is in relation to Prasa's decision to award and conclude the contract with Siyangena and Swifambo, as well as their implementation.
In addition, Open Secrets wants the NPA's conduct in failing, within a reasonable time, to see to the completion of those investigations also declared invalid, reviewed, and set aside as well as its inability to take a decision, either to prosecute or not to prosecute, persons implicated or involved in criminal activities, related to the award, conclusion, and implementation of Prasa's contracts with Siyangena and Swifambo.
Open Secrets wants the Hawks to be directed to complete their investigations, without further delay, and to take such further steps or file further reports as the court deems just and equitable.
It also wants the NPA to be directed to see to the completion of the investigations without further delay, to take a decision, either to prosecute or not to prosecute, persons implicated or involved in criminal activities, relating to Prasa's contracts with Siyangena and Swifambo, and do so without further delay.
According to Open Secrets, the NPA should be directed to take such further steps or file such further reports as the court deems just and equitable.
'Due to the delay in the finalisation of the investigations into the alleged corrupt conduct of those who were involved in the award of these contracts, the NPA has consequently not decided whether to prosecute anyone linked to the unlawful Siyangena and Swifambo contracts,' Van Vuuren stated in his affidavit.
He added that as a result, an excess of nine years has passed since the criminal complaints were laid in 2015/16, yet no one has been held accountable, contrary to the recommendations of the Judicial Commission of Inquiry into Allegations of State Capture, chaired by retired Chief Justice Raymond Zondo.
Hawks national spokesperson Brigadier Thandi Mbambo on Saturday confirmed that the DPCI received the notice of motion and that the matter is currently receiving the necessary attention.
'It is important to note that this is a complex matter requiring thorough investigation and ongoing collaboration among relevant stakeholders. We request time and space to allow investigation to proceed without compromise, to ensure that justice is served,' she said.
Open Secrets' Ariella Scher said the Hawks and the NPA have filed their notices to oppose the matter, but not Prasa.
NPA spokesperson Mthunzi Mhaga did not respond to requests for comment.
loyiso.sidimba@inl.co.za
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
11 hours ago
- IOL News
Cape Town defends controversial Hope Budget amid SAPOA legal challenge
Cape Town mayor Geordin-Hill Lewis explained that they received 15,210 comments through both the March and May public participation processes related to the tariffs. Image: Supplied The City of Cape Town has defended its amended Hope Budget for 2025/26 following legal action from the South African Property Owners Association (SAPOA), which criticises the City's decision to link certain fixed charges to property values. SAPOA is now challenging the budget in court. In their court documents, SAPOA CEO Nilesh 'Neil' Gopal said they are seeking to challenge three items in the Budget, namely the Cleaning Tariff, the Fixed Water Charge, and the Fixed Sanitation Charge. They are hoping to have the budget declared unconstitutional and invalid. SAPOA's membership currently comprises more than 90% of the country's commercial and retail property industry, including some of the largest property-owning companies in South Africa. The City of Cape Town filed its answering affidavit where Mayor Geordin Hill-Lewis explained that 'in substance this application questions the role of the City in the determination of a budget at all and whether the City, or any other municipality, can indeed forge ahead on any new or innovative path to ensure not only better service delivery for all now, but also in the future'. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ He said the City is aware of the relentless increases residents face in administered costs, electricity costs, municipal bills, food, fuel and household necessities, but that this has been 'taken into account by the City at each step of the budget process'. The mayor explained that they received 15,210 comments through both the March and May public participation processes related to the tariffs. 'Residents and organisations opposed the overall increases in rates and tariffs. Hill-Lewis, in his affidavit, said that the City did not lightly decide to impose the three fixed tariffs which are the centre of SAPOA's litigation. 'Neither does the City have ready alternatives simply there for the plucking, to replace the budgetary shortfall that will ensue should they be set aside. This shortfall will be an amount of R4,233,768,467 if all three fixed tariffs are set aside. He also explained that property value bands differ from the 'cent amount in the Rand' (being the basis of calculating property rates) as contemplated in the Rates Act. 'Property value bands are not applied or utilised under the Rates Act. The only commonality is that the Municipal Valuation Rolls used by both: (1) for property rates, the Rate-in-Rand (RiR) is applied to the municipal property valuation to compute the property rates payable; whereas (2) the property value band into which a particular property falls is determined by reference to its municipal property valuation. He said that Cape Town's fixed charge serves as a deliberate and rational design intended to secure the revenue necessary to maintain and upgrade infrastructure, improve resilience and ensure reliable service delivery in the face of increasing climate-related uncertainty. The matter is expected to be heard in the Western Cape High Court in September.
IOL News
18 hours ago
- IOL News
Correctional Services tackles smuggling and overcrowding issues
Correctional Services Minister Dr Pieter Groenewald outlines strategies to reduce smuggling and improve conditions in South African prisons. Image: Sibonelo Ngcobo/ Independent Newspapers The Department of Correctional Services has plans to address smuggling and overcrowding in correctional facilities, with Minister Dr Pieter Groenewald revealing this during a visit to KwaZulu-Natal. Groenewald said that following a prison raid, they try to determine which officials were involved in smuggling contraband and disciplinary action is taken. 'Since I became the minister, 155 officials' services were ended with Correctional Services because they were part of contraband smuggling,' Groenewald said. 'The actions we are taking, of course, depend on what we find. If it is drugs, for instance, we call the police to come in and they lay further charges.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Groenewald said that in July, Correctional Services National Commissioner, Makgothi Thobakgale, conducted seven raids. 'We do identify the hotspots, and if you look at some annual statistics, more than 40,000 cellphones have been confiscated,' Groenewald said. He said that they are cleaning their facilities because the more contraband they can get rid of, the more proof they have that they are doing their job well. 'So we will continue with that, we will even increase the raids, and the people must understand that it is prohibited, and we will act accordingly,' Groenewald said. On overcrowding, Groenewald said they have admitted it is a huge problem. In Parliament, he has responded several times. They also account to the Portfolio Committee on Correctional Services in Parliament. 'Our main problem is actually when it comes to remand detainees. We have people in our facility who are awaiting trial for more than 10 years. There are six of them. Now that is part of the criminal justice system. There are ways, in terms of legislation, where we can request and go back to court, but it's not very successful,' Groenewald said. He also said they have about 3,000 remand detainees who could not afford the bail of R1,000 or less. 'There's a process trying to establish a bail fund where we can try to do that,' Groenewald said. Additionally, about 26,000 foreigners are in correctional facilities. Approximately 13,000 are remand detainees.
IOL News
19 hours ago
- IOL News
Legal battles hinder housing development in Greater Ivory Park
The Gauteng High Court, Johannesburg turned down an urgent application by the City of Johannesburg to urgently evict homeless people living on land in Ivory Park, earmarked for a housing development project. Image: File The City of Johannesburg has once again suffered a setback in its efforts to proceed with a mixed housing development to de-densify informal settlements in the Greater Ivory Park area, as the properties earmarked for this project are being occupied by more than 250 homeless people. The City and the occupiers of the land have been embroiled over the years in numerous legal applications - some brought by the City and others by the occupiers who want to be left alone. Both parties have scored minor victories over the years, but the fight for the land is still continuing. In the latest legal tussle, the City turned to the Gauteng High Court, Johannesburg, to obtain an urgent eviction order against these homeless people. In this latest ruling, the court said while those occupying the land are clearly frustrating the housing development, it reminded the City that these people also have rights. Judge Leicester Adams dismissed the urgent application in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). The Judge said the City can bring an ordinary eviction application in due course. He said the potential harm to be suffered by the City if the relief sought by it is not granted, pales into insignificance, if one considers the fate of these 250 or more individuals. The City is the owner of the property, which is two pieces of land situated adjacent to Freedom Drive, between Modderfontein and Strandloper Roads, in Rabie Ridge. The stands are between formal stands in Rabie Ridge, which comprises low-cost housing – not funded by public funds but through mortgage bonds by banks, and an informal settlement known as K60. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The development earmarked for the land in question will cater for community members within the Greater Ivory Park area who are eligible for specified housing opportunities. The homeless, however, over the years have occupied the land. The City had from time to time demolished their shacks, but the homeless obtained orders for it to be restored. In the latest legal bid, the City argued that if they are not granted orders, on an urgent basis, for the eviction of the respondents (the occupiers), its plans to develop the mixed housing on these properties will be derailed. The respondents, on the other hand, said that they would be rendered homeless if evicted from the property. Judge Adams did not accept the submission by the City that because the land in question is not yet serviced and there is no water and electricity, that this amounts to 'real and imminent danger' if the unlawful occupiers are not forthwith evicted from the land. He said they have been living there - on and off - for some years and there have not been any major disasters during this time. 'I also cannot accept, as a fact, without more the allegation by the applicant that there are threats of violence and ongoing criminality on the properties. How, I ask rhetorically, is this different from everyday life in South Africa?' the judge said.
