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One step closer for Scorpions 2.0 after Cabinet approves Bill to make ID permanent

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One step closer for Scorpions 2.0 after Cabinet approves Bill to make ID permanent

National Prosecuting Authority

14th August 2023

By: News24Wire

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The second coming of the Scorpions is one step closer to reality after Cabinet approved the National Prosecuting Authority Amendment Bill last week.

In October 2022, when President Cyril Ramaphosa tabled his "implementation plan" in response to the Zondo Commission's report, he announced that the National Prosecuting Authority's Investigating Directorate (ID) would be made a permanent body with powers similar to those of the disbanded Scorpions.

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About 10 months later, the Bill to effect this was approved by Cabinet at its meeting last week.

"Cabinet approved the submission of the draft NPA Amendment Bill of 2023 to Parliament. The Bill amends the NPA Act, 1998 (Act 32 of 1998) to provide for the establishment of the Investigating Directorate as a permanent entity within the NPA and to also strengthen its investigative powers," reads Cabinet's statement.

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While News24 understands that the Bill is expected to be published later this week, the explanatory summary has been published.

According to this, the Bill seeks to amend the National Prosecuting Authority Act to achieve the following:

  • To provide for the establishment of the Investigating Directorate against Corruption (IDAC) and its powers and functions;
  • To provide for appointment of investigators in IDAC;
  • To provide for the security screening of investigators;
  • To provide for the remuneration and conditions of service of investigators;
  • To provide for the establishment of a mechanism to deal with complaints of a serious nature pertaining to persons appointed at or assigned to an investigating directorate;
  • To provide for powers and functions of investigators;
  • To provide for transitional arrangements relating to the existing Investigating Directorate to become part of the IDAC; and
  • To amend RICA, 2002, so as to make provision for applications for directions in terms of RICA by the head of IDAC.

Ramaphosa established the ID in March 2019, specifically to investigate corruption-related crimes unearthed by the Zondo Commission, and the commissions into the South African Revenue Service and Public Investigation Corporation.

It was intended as a temporary measure at the time.

The ID appears to be similar to the Scorpions (also known as the Directorate of Special Operations), which was an anti-corruption unit housed in the NPA, where prosecutors worked alongside investigators and forensic experts as part of a single unit.

Its disbandment was a key part of the manifesto of corruption-accused former president Jacob Zuma, who was elected African National Congress (ANC) president in 2007.

In 2008, the ANC saw to it that Parliament disbanded it, despite an outcry from opposition parties and civil society.

The return of a Scorpions-like body was first mooted in mid-2020.

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