“The State Capture Commission was never intended to deal with punishment. If the NPA now refuses to prosecute, does this mean nothing is going to happen to the perpetrators? Where is the justice in that?” asks Fick.
This approach could result in prosecutions over state capture crimes being put on hold indefinitely, which is not in the interests of justice.
“South Africa needs answers. The NPA should provide proper reasons for not tackling these corrupt activities. This is not the time to be sitting back,” says Fick.
OUTA finds it ironic that the ANC is refusing to act against prominent members who have been implicated in evidence before the State Capture Commission – such as Minister Nomvula Mokonyane and MP Vincent Smith – just because the Commission hasn’t finished its work, while at the same time, the NPA is failing to prosecute.
“The NPA’s decision to place prosecutions on hold has the effect of perpetrating a culture of impunity,” says Fick.
In August 2017, OUTA laid treason and racketeering charges against Duduzane Zuma, the Gupta brothers and others in connection with allegations of state capture.