Parliament’s Standing Committee on the Auditor-General heard this week that just one guilty verdict has been secured from 21 cases referred to the Directorate for Priority Crime Investigation (DPCI), commonly known as the Hawks.
The cases stemming from material irregularities (MIs) referred by the Auditor-General of South Africa (Agsa) date back to 2015.
Free State municipalities are at the centre of the crisis.
The cases span municipalities and government departments across several provinces, with the majority still under investigation.
Lieutenant General Siphesihle Thando Nkosi, Acting National Head of the DPCI, acknowledged the complexity of the matters before the committee.
“These investigations remain a priority. We have investigating officers within the provinces who are handling these cases,” he said.
He added that 50% of the cases are coordinated from the DPCI’s head office, with a monthly monitoring mechanism in place.
His colleague, Lieutenant General Dumisani Patrick Mbotho, explained that the investigations are inherently document-heavy.
“When a case is opened in 2023, the actual auditing could possibly be four or five years earlier than that time,” he said.
Mbotho noted that key officials such as municipal managers and CFOs are often no longer in their posts by the time investigators arrive.
One conviction, mounting concern
The single guilty verdict in the matter relates to a case at Zonkizizwe involving stolen Sassa cards and cash, in which a Mr Zulu received a 10-year prison sentence and Vukuthu received eight years’ direct imprisonment.
A court order also directed the forfeiture of R261 000 to the state.
However, MPs were far from satisfied with overall progress.
ANC MP Shaik Subrathie described the pace as deeply troubling.
“A conviction rate of one out of 17 or 20 cases, it can’t be something that we should be celebrating. It’s something that we should be concerned about,” he told the committee, urging the DPCI to work smarter.
Subrathie pressed the DPCI on how it triages incoming cases, asking: “How do you triage the case when you receive the case? To ensure which case gets prioritisation – where there is a greater chance of conviction, a greater chance of recovery of lost assets?”
He also called for greater public communication about investigations. “I think there’s not enough being told about the work that’s been taking place with the intention of keeping South Africans informed and, more importantly, creating a culture that will hold you accountable,” he said.
Free State named a hotspot
EFF MP, Ntombovuyo Mente-Nkuna, drew particular attention to the Free State and North West provinces, warning of a governance crisis that risked triggering community unrest.
“Minister of police, we have two provinces where we have a ticking time bomb. And I think the people at this point are going to take the law into their hands. Northwest and Free State,” she said.
She further alleged a syndicate operating in Mangaung, pointing to a solid waste tender case involving seven companies, in which two service providers had been arrested but were reportedly still operating under active contracts.
“We can’t have a law enforcement that is aiding and abetting corruption and allowing people who we know are appointed irregularly,” she said.
The DPCI responded that its focus is on investigating crime rather than advising on contractual matters.
“I engaged the provincial head of the DPCI in the Free State, and she indicated that their focus is on the investigation of crime and not the contractual obligations between the municipalities and those service providers, and such advice was never given at any stage by us.
“Ours is to focus on the investigation, and that matter is also handled in collaboration with the NPA,” said Nkosi.
Auditor-General calls for faster referrals
Auditor-General Tsakani Maluleke used the platform to clarify a numerical discrepancy between the 19 MIs Agsa had on record and the 17 cited by the DPCI, explaining that two cases, for Thabazimbi and the City of Matlosana, were still being finalised for referral.
She welcomed the renewed collaboration but stressed that the pace needed to increase significantly. “What remains for us is to drive much faster referrals from our office, but also quicker action between ourselves and DPCI,” she said.
She also highlighted a recently renewed memorandum of understanding between the two institutions, describing it as a meaningful step forward.
“What it does provide for, which I’m really excited about, is for us to meet not just when we refer matters, but to actively engage on a risk assessment basis,” she explained.
Minister acknowledges systemic failure
Acting Police Minister Firoz Cachalia conceded that the system of retrospective accountability is not working at the required scale.
“The process of auditing, investigation and prosecution really doesn’t work optimally. And that involves different components of the system,” he acknowledged.
He committed to engaging both the Auditor-General and the DPCI head to explore how the investigative capacity could be strengthened, noting that projects to enhance forensic and data-analytical capabilities are already in development but remain complex and costly.
“I think that what I will commit to today is to have another conversation with the Auditor-General and the head of the DPCI to see how this part of the system can be strengthened,” he said.
He also raised the possibility of writing to the minister of Local Government to request a comprehensive response to the ongoing dysfunction in Mangaung.
“Those municipalities in Mangaung need, even if we strengthen the DPCI and the Auditor-General does the work that she’s currently doing, it’s clearly not going to be sufficient to deal with systemic problems and the patterns of abuse in that particular municipality.”
