‘Scorpions 2.0’ now a reality in South Africa

After five years in operation, the Investigating Directorate against Corruption (IDAC) has become a permanent unit within the National Prosecuting Authority (NPA).

In a government gazette published on 19 August 2024, the regulations for the formerly temporary unit of the NPA were finalised, which follows the signing of the NPA Amendment Act earlier this year.

IDAC replaces the Investigating Directorate (ID), which has been operating since March 2019, following President Cyril Ramaphosa’s proclamation.

It was set up to specifically address corruption-related cases raised in the Zondo Commission, as well as the commissions of the South African Revenue Service and the Public Investment Corporation.

A recent News24 investigation uncovered how, without permanence, the IDAC was limited in its pursuit of those implicated in state capture and other corrupt activities. It was a temporary, underfunded structure unable to appoint critically needed investigators and at constant risk of disbandment.

The NPA said that the previous ID also lacked criminal investigative powers and depended on temporary staff from partner entities, who could be recalled at any time, complicating its operations.

Following the signing of the NPA Amendment Act earlier this year, which paved the way for the IDAC, the NPA hailed the move as critical to ensuring that the entity gets its desired results.

“This groundbreaking development will create a permanent prosecution-led unit, within the NPA, with criminal investigative powers to pursue the most complex forms of corruption and associated crimes, in line with its mandate,” said spokesperson Mthunzi Mhaga after its signing.

The mandate of the IDAC is to investigate and, where appropriate, institute criminal proceedings and carry out necessary functions incidental to investigations and instituting criminal proceedings relating to serious, high-profile or complex corruption or commercial or financial crime cases.

Its new status ensures greater security as an anti-corruption body, addressing previous concerns about potential disbandment by executive order.

“This accords with international best practice to protect anti-corruption entities from political interference – it also gives the IDAC the critical powers and resources it needs to succeed with the tried and tested prosecution-led model that has been utilised so effectively in South Africa in the past,” said the NPA

Justice and Constitutional Development minister, Thembi Simelane said that “the establishment [of IDAC’s permanance]… marks a significant milestone in our fight against corruption.”

“Unlike the previous Investigating Directorate, which was subject to dissolution by proclamation, IDAC’s permanence ensures its independence and the necessary parliamentary oversight,” she added.

The minister said that the new regulations provide the IDAC with criminal investigation powers, and now the body will no longer rely on secondments for staffing and will be able to recruit permanent staff and invest in long-term training. 

“This will enhance our capacity to combat complex corruption, implement decisions from commissions of inquiry, and uphold the recommendations of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption, and Fraud in the Public Sector,” said Simelane.

Although the new law has been gazetted, the unit will not be fully operational for several weeks due to staffing and logistical arrangements.

While some have lauded the developments, others question its effectiveness.

Democratic Alliance spokesperson on Justice and Constitutional Development Glynnis Breytenbach said that while the signing of the Amendment Act was a small step in the right direction, the DA believes that more needs to be done.

“The Amendment Act fails to address real problems within the NPA – its lack of sufficient appropriate skills and funding,” said Breytenbach.

“The Scorpions, which the Act attempts to replicate, were effective because they had access to excellent and experienced prosecutors and effective investigators. For the NPA to make these changes, it needs to receive an appropriate budget.”

“The fact that the ID is permanent is also misleading,” claimed Breytenbach.

“Depending on the political winds, a simple majority could see its removal, like when the Scorpions were disbanded by a legislative amendment. This means that it does not enjoy the security of tenure required to ensure its independence.”

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