LETTER: David Lewis reaches sweeping conclusions without research

David Lewis has been a valued friend of the Centre for Development and Enterprise (CDE), but his intemperate attack on our report dealing with the National Prosecuting Authority (NPA) demands a response (“Sound research, not chatter, needed,” November 7).

It is one thing to disagree with a report by CDE, but to conclude from that disagreement that business should reconsider all CDE’s policy advice, does exactly what he (wrongly) accuses CDE of doing: reaching sweeping conclusions without doing the research.

In any event, Lewis is wrong about CDE’s report on the NPA, in which he seems to be making the case that the NPA is doing just fine.

Our “Agenda 2024” series, of which the report on the NPA forms part, makes proposals about what the government of national unity (GNU) should prioritise if it is to succeed. They are based on considerable consultation and research with subject experts and key stakeholders. CDE’s NPA report co-authored by Prof Halton Cheadle involved widespread consultation and testing with senior lawyers — prosecutors, advocates and judges.

So is the performance of the NPA with respect to major cases of corruption good enough?

In 2021, Lewis wrote that the NPA “will come in for some heavy criticism if it doesn’t start showing some results pretty soon” and that the destruction of the NPA was “well documented”. Indeed, it would be hard to credit that the former head of Corruption Watch is satisfied with the level of prosecution of serious corruption.

He is correct that the NPA has begun prosecution of some politicians and their associates. Our concern is why the number of successful prosecutions is so low. Lewis doesn’t attempt an explanation, waving away deep public concern about this.

Apart from a few outlier prosecutions, it is an undisputed fact that no successful prosecutions have been instituted in respect of most corruption cases identified by the Zondo commission (2022), the forensic reports into the Passenger Rail Authority of South Africa (2017) and Transnet and Eskom (2018).

We agree that the NPA needs more money. But it also needs the best available leadership to ensure successful prosecutions. We are therefore proposing that a retired judge head an inquiry into the NPA, identify specific causes of its lack of performance and recommend urgent remedial action.

This is an eminently sensible proposal backed by reason and evidence, not “dinner table chatter”. It’s difficult to understand why Lewis would object.

Ann Bernstein
Executive director: Centre for Development and Enterprise

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