Your editorial correctly endorsed the call for a judicial commission of inquiry into allegations of state capture (Explosive, but now what? November 23). It also pointed out that the National Prosecuting Authority (NPA) and Special Investigating Unit are toothless and politically compromised bodies. You might also have identified the police and the Hawks as equally negligent of their constitutional and legal mandates to investigate crime and corruption. The whole criminal justice system has been destroyed under the Zuma administration, as part of the endeavour to allow impunity to prevail.
There is a plethora of information and evidence of criminal conduct in the public domain now as a result of the public protector’s report, the Gupta leak e-mails and other revelations by investigative journalists, authors and the parliamentary inquiry. Whatever further evidence emerges from a judicial commission of inquiry into state capture, we will still have to rely on the law enforcement agencies to conclude investigations and prepare dockets for the NPA to prosecute.
It is often forgotten that part of Thuli Madonsela’s remedial action was directed at the NPA and the Hawks, bringing to their attention "those matters identified in this report where it appears crimes have been committed".
We are told that they are following up, but a year after the report was published no action has been taken against anyone.
We must also bear in mind the investigative capacity of the NPA was removed when the erstwhile Scorpions were disbanded — now the Hawks investigate and the NPA prosecutes. The urgent task therefore is to fix these institutions and restore their capability and human and financial resources, to ensure that those with a case to answer are indeed held accountable.
Lawson NaidooExecutive secretary, Council for the Advancement of the South African Constitution