Justice Minister Reaffirms Commitment to Cooperation with NPA on State Capture Data Access

Addressing the Portfolio Committee on Justice and Constitutional Development on Tuesday, Simelane emphasized her willingness to resolve the matter.

Justice and Constitutional Development Minister Thembi Simelane has reiterated her department's commitment to fully cooperate with the National Prosecuting Authority's Investigative Directorate (NPA ID) concerning access to the State Capture Commission's data.

In August, reports emerged alleging that the department was obstructing the NPA ID by limiting access to the data centre. The Justice Department holds custodianship over the Commission’s assets, including the critical data.

Addressing the Portfolio Committee on Justice and Constitutional Development on Tuesday, Simelane emphasized her willingness to resolve the matter. "I am here because you have called me to account. I’ll always do that. I have not blocked anything and I am willing to relook into the matter. I can’t block anyone," she stated.

Simelane also noted that she has yet to visit the data centre to verify the situation herself. "If it’s in the department, I will ensure the door is opened," she said. She added that she has reached out to the Director-General to confirm if there are any pending requests from the NPA or other agencies related to State Capture investigations.

NPA National Director of Public Prosecutions, Advocate Shamila Batohi, emphasized the importance of "unhindered access" to the State Capture Commission's archives for the Investigative Directorate. She acknowledged that while some access has been provided, it does not yet fully meet the ID’s needs. Batohi stressed that access must comply with legal and Constitutional requirements.

Last month, the Justice Department clarified its position, stating that it has responded to all requests for data from law enforcement. It reaffirmed the cooperative relationship between the Ministry and the NPA, emphasizing that the Commission's Secretariat has consistently supplied requested data to the NPA ID, the Directorate for Priority Crime Investigations (DPCI), the Asset Forfeiture Unit (AFU), the Financial Intelligence Centre (FIC), the South African Revenue Service (SARS), the Special Investigating Unit (SIU), and state-owned enterprises (SOEs).

The department also highlighted that its remaining data science and programming staff continue to support ongoing investigative projects.