NDPP Advocate Andy Mothibi on Thursday set out his vision for the National Prosecuting Authority.
Image: Oupa Mokoena/Independent Newspapers
Newly appointed Director of Public Prosecutions, Advocate Andy Mothibi, said his office is prioritising action on findings from the Madlanga Commission and they will not wait until the Commission has wrapped up its work.
He gave the assurance that the National Prosecuting Authority will move decisively against those identified in the Commission’s first interim report, as well as those identified in the second report which is expected in May.
Mothibi gave his first media briefing on Thursday since his appointment, in which he had set out his vision for the NPA. He also outlined the strategic direction and objectives for the prosecuting authority.
Speaking about the Madlanga Commission he said two prosecutors have been assigned to work on the findings, but more prosecutors will be assigned depending on the workload.
Mothibi also warned that the NPA’s Asset Forfeiture Unit (AFU) will not hesitate to step in to freeze the assets of those identified in the Commission’s reports while investigations are underway.
The NPA will meanwhile especially focus on organised crime, and its strategy against organised crime was signed off in August 2024.
“We are now in the process of intensifying implementation that will increasingly show impactful interventions and outcomes, through meaningful collaborations and more effective use of legislation,” he said.
Mothibi explained that using racketeering provisions under POCA (the Prevention of Organised Crime Act), the NPA focuses on kingpins, syndicates, money laundering networks, and enablers (accountants, lawyers, intermediaries).
In addition, the NPA and SAPS developed a Stabilisation Plan, which is a multi-dimensional interdepartmental organised crime approach to address the gang violence in the Western Cape.
"This Plan has been extremely well received and is now being rolled out in other provinces,” he said.
An organised Crime Component (OCC)’s Firearm Desk was also established. Firearms are central to organised crime in South Africa and are primary instruments in gang violence, cash-in-transit heists, and extortion networks.
Mothibi said a dedicated Firearms Desk would improve and strengthen coordination in addressing illegal firearms.
“If you remove the illegal firearm, you remove the instrument of organised violence. A dedicated Firearms Desk therefore allows the NPA to move from merely prosecuting possession to dismantling supply networks and criminal enterprises, thereby curbing violence".
Mothibi said his office has also met with the National Commissioner of the South African Police Service (SAPS) to align the NPA and SAPS strategies. Aligned strategy will, amongst others, enable collaboration between SAPS and NPA, identification of cases, prosecutor-guided investigations, asset recoveries, and the enrolment of cases and effective prosecution.
This collaboration will be demonstrated in various projects, including the implementation of the Madlanga Commission, where a Task Team will investigate and prosecute cases emanating from the Madlanga Commission’s interim report.
“We will not relent in pursuing South African assets and fugitives from the law. At an international level, while utilising the Interpol Red Notice, South Africa will participate in the Interpol Silver Notice Pilot, which offers enhanced international search, trace, and track mechanisms,” Mothibi also vowed.
He also highlighted that asset recovery processes are critical as part of the fight against crime and corruption, by taking back the proceeds of crime. He pointed out that asset forfeiture is one of the strongest indicators of Anti Money Laundering (AML) effectiveness.
Its key contributions include freezing and confiscating proceeds of crime, civil forfeiture proceedings under POCA, preservation orders targeting criminal networks, and ensuring assets are recovered and returned to the State or as compensation to the victims of crime.
In highlighting the impact of the increased focus on asset recoveries, Mothibi pointed out that R15 billion of funds were frozen in the last five years, compared to the R16.2 billion frozen over the first 20 years.
The NPA has also introduced a Quick Wins Action Plan (QWAP), which will provide a mechanism to identify and act on short-term, high-impact initiatives. Some of the key focus areas of the quick wins are around addressing backlogs and case prioritisation, implementing the Madlanga Commission recommendations, as well as tackling organised crime and gender-based violence.
Also, in the pipeline is filling critical senior positions at the NPA and obtaining operational and financial independence for the prosecuting authority. Mothibi further recognised that the NPA needed financially skilled prosecutions to tackle these complexed crimes and said they are looking to appoint prosecutors with these skills.
zelda.venter@inl.co.za