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Individual Reform: NPA 2026 - 2027

Conditionalities on Eskom bailout have been reasonably effective while Transnet is proving more problematic.

National Prosecuting Authority (NPA) Amendment Bill

No data available for the deliverable: National Prosecuting Authority (NPA) Amendment Bill

No data available for the deliverable: National Prosecuting Authority (NPA) Amendment Bill

No data available for the deliverable: National Prosecuting Authority (NPA) Amendment Bill

No data available for the deliverable: National Prosecuting Authority (NPA) Amendment Bill

No data available for the deliverable: National Prosecuting Authority (NPA) Amendment Bill

No data available for the deliverable: National Prosecuting Authority (NPA) Amendment Bill

No data available for the deliverable: National Prosecuting Authority (NPA) Amendment Bill

No data available for the deliverable: National Prosecuting Authority (NPA) Amendment Bill

Summary

The bill was tabled in parliament in 2023 as part of the implementation of recommendations from the Zondo Commission inquiry into state capture, to enhance the independence of the NPA through the Investigating Directorate Against Corruption (IDAC), including operational capacity and ability to prosecute high-profile corruption cases. In May 2024, the president signed the bill into law (National Prosecuting Authority Amendment Act). While this is a positive move, doubts remain as to whether the IDAC will be truly outside the sphere of political influence, given that the unit is housed within the NPA, a government body, and that the president appoints the head (DPP) of IDAC. Underfunding of the NPA/IDAC remains a problem. Furthermore, despite public expectations and extensive evidence gathered by the media and the Zondo Commission, prosecutions of high-profile individuals implicated in state capture and other serious crimes have progressed slowly. In March 2026, Vincent Smith, a former MP, was convicted and sentenced to seven years' imprisonment in relation to the Bosasa state capture saga. He is the highest profile person from government (including ex-ministers) or the private sector (including top chief executive officers) to have been successfully prosecuted or imprisoned for state capture-related crimes.

Canvas not supported.

Is it working?

The IDAC (now a full legal entity) is housed within the NPA, which remains open to political interference, and therefore cannot be said to be truly independent. Regarding high-profile cases, while the act is designed to enable the IDAC to prosecute complex corruption cases effectively, there have been concerns that the Department of Justice has blocked access to vital state capture evidence needed to send to the NPA. It's been reported that the NPA had sent up to 20 letters to the department requesting access. This has reportedly hindered the prosecution of such cases, despite the legislative framework being in place to support these efforts. Furthermore, the fact that the head of the IDAC is appointed solely by the president (as per section 13(1) of the NPA Act 1998), without consultation with an independent panel or parliament, raises concerns about potential conflicts of interest and risks to the IDAC’s independence.

Details of the IDAC's current progress in the state capture prosecutions: • Vincent Smith, a former MP, was convicted to seven years' imprisonment in relation to state capture by Bosasa, a major provider of services to government, particularly the correctional services department; • Free State low-cost housing project: Former Department of Human Settlements HOD Mpho Mokoena received a 15-year suspended sentence for PFMA/PRECCA violations in 2021. He is not serving any time in prison. • Has authorised 117 matters involving 212 accused persons and 68 entities. Of these, 78 are under investigation, and 39 cases are enrolled • Assets worth R14bn have been frozen in corruption and state capture cases • R255m asbestos tender scandal/Free State asbestos removal case, involving former Free State Premier Ace Magashule, in progress. The trial, which took place in April-June 2025, has been postponed and set to resume on 2 March 2026 by the Free State High Court.

In March 2026, the IDAC arrested 12 senior managers of the SAPS were arrested for their alleged role in awarding a R360m tender to Medicare 24, owned by Vusi "Cat" Matlala, who is facing murder and money laundering charges. The tender has been cancelled.

The following are some of the ID's setbacks in the state capture prosecutions: • Some cases, such as the Nulane Investment fraud and corruption case ended in acquittals, raising questions about prosecutorial capacity and case preparation • Ongoing cases, such as those involving Transnet’s locomotives procurement and others implicated in the Bosasa corruption scandal, remain on the court roll but have yet to deliver decisive convictions of high-profile accused. • Delayed extradition of the Gupta brothers, hampering efforts to bring major figures to justice.

Actions

The NPA Amendment Bill was enacted into law (24 May 2024), amending the NPA Act of 1998. The new legislation provides for the establishment of the IDAC, with full investigative powers, separate determination of conditions of service for investigators and a mechanism to deal with complaints against IDAC personnel.

Are there plans?

The legislation provides for the IDAC to appoint its investigators and operate independently of government. It is hoped this will lead to a higher number of successful prosecutions, particularly in complex corruption cases. Based on recent government statements from Minister in the Presidency Khumbudzo Ntshavheni during the 2026 SONA debate, the third progress report on the Zondo Commission Recommendations Action Plan is scheduled for submission to parliament in March 2026. The fourth report will follow no later than June 2026. These reports are expected to detail advancements in high-profile prosecutions/cases, handled by DAC.

Is it on the agenda?

An independent anti-corruption agency was recommended by the Zondo Commission after its investigations into state capture corruption. The temporary Investigating Directorate (ID) was established in 2019, operating for five years to address grand corruption cases raised by the Zondo Commission but only as a temporary unit within the NPA. The ID has now transitioned into the IDAC.

Goals

Establish the IDAC as a permanent, independent entity within the NPA. The ID was temporarily set up in 2019 as a specialised and multidisciplinary unit of the NPA. Section 4 of the NPA Amendment Act (2024) states that the IDAC is mandated to investigate and carry out any functions incidental to investigations: (a) Relating to serious, high-profile or complex corruption, commercial or financial crime cases (arising from the recommendations of the Zondo commission); (b) Relating to additional related offences or categories of offences, including common law offences of (i) fraud (ii) and forgery.

Documents

References

Departments / Govt Institutions

Department of Justice and Constitutional Development

Analyst: Thabani Madlala
Status: in-progress
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    Private sector skills transfer

    Summary

    The NPA, tasked with prosecuting often complex commercial crimes, needs specialised/technical skills (eg, forensic accountants and data analysts). If such personnel cannot be hired directly, the NPA requires the ability to mobilise highly skilled people from the private sector. Skills are required across the NPA's operating units: • National Prosecutions Service • Specialised Tax Component • Organised Crime Component • Asset Forfeiture Unit • Sexual Offences and Community Affairs • Specialised Commercial Crime Unit • Priority Crimes Litigation Unit • Investigating Directorate We are yet to see visible progress in skills development, such as recruitments from the private sector. However, there is a formal agreement between the NPA and BLSA towards bringing in the required skills.

    Canvas not supported.

    Is it working?

    We are yet to see concrete results from the MOU between the NPA and BLSA.

    Actions

    None

    Are there plans?

    Led by the NPA, the anti-corruption agency and BLSA entered into a memorandum of understanding (MOU) in August 2022. The MOU aims to develop the skills needed in priority areas for successful prosecution, with BLSA responsible to mobilise skills from the private sector.

    Is it on the agenda?

    Bringing skills from the private sector into the NPA is not a stated goal of the Department of Correctional Services and has not been included in any government strategies or events, including Sona speeches, and this is largely a private sector-NPA initiative. It does, however, form part of the Zondo Commission's recommendations to prosecute those implicated in corruption.

    Goals

    The NPA is under-resourced and needs to draw on the private sector for support in investigating and building cases for successful prosecutions, often involving cases of complex commercial crime and money laundering.

    Departments / Govt Institutions

    Department of Justice and Constitutional Development

    Summary

    The NPA, tasked with prosecuting often complex commercial crimes, needs specialised/technical skills (eg forensic accountants and data analysts). If such personnel cannot be hired directly, the NPA requires the ability to mobilise highly skilled people from the private sector. Skills are required across the NPA's operating units: • National Prosecutions Service • Specialised Tax Component • Organised Crime Component • Asset Forfeiture Unit • Sexual Offences and Community Affairs • Specialised Commercial Crime Unit • Priority Crimes Litigation Unit • Investigating Directorate We are yet to see visible progress in skills development, such as recruitments from the private sector. However, there is a formal agreement between the NPA and BLSA towards bringing in the required skills.

    Canvas not supported.

    Is it working?

    We are yet to see concrete results from the MOU between the NPA and BLSA.

    Actions

    None

    Are there plans?

    The NPA and BLSA entered into a memorandum of understanding in August 2022. The MOU aims to develop the skills needed in priority areas for successful prosecution, with BLSA responsible to mobilise skills from the private sector.

    Is it on the agenda?

    Bringing skills from the private sector into the NPA is not a stated goal of the Department of Correctional Services and has not been included in any government strategies or events, including Sona speeches, and this is largely a private sector-NPA initiative. It does, however, form part of the Zondo Commission's recommendations to prosecute those implicated in corruption.

    Goals

    The NPA is under-resourced and needs to draw on the private sector for support in investigating and building cases for successful prosecutions, often involving cases of complex commercial crime and money laundering.

    Departments / Govt Institutions

    Department of Justice and Constitutional Development

    Summary

    The NPA, tasked with prosecuting often complex commercial crimes, needs specialised/technical skills (eg, forensic accountants and data analysts). If such personnel cannot be hired directly, the NPA requires the ability to mobilise highly skilled people from the private sector. Skills are required across the NPA's operating units: • National Prosecutions Service • Specialised Tax Component • Organised Crime Component • Asset Forfeiture Unit • Sexual Offences and Community Affairs • Specialised Commercial Crime Unit • Priority Crimes Litigation Unit • Investigating Directorate

    Canvas not supported.

    Is it working?

    The NPA has started drawing from the funds provided through the MOU to bring in specific expertise in some court cases. However, it has still not succeeded in prosecuting a high-profile case, particularly related to the state capture era.

    Actions

    A trust fund has been set up, funded by BLSA, which the NPA has access to.

    Are there plans?

    The NPA and BLSA entered into a memorandum of understanding in August 2022. The MOU aims to develop the skills needed in priority areas for successful prosecution, with BLSA responsible to mobilise skills from the private sector.

    Is it on the agenda?

    Bringing skills from the private sector into the NPA is part of the government's agenda.

    Goals

    The NPA is under-resourced and needs to draw on the private sector for support in investigating and building cases for successful prosecutions, often involving cases of complex commercial crime and money laundering.

    Departments / Govt Institutions

    Department of Justice and Constitutional Development

    Summary

    The NPA, tasked with prosecuting often complex commercial crimes, needs specialised/technical skills (eg, forensic accountants and data analysts). If such personnel cannot be hired directly, the NPA requires the ability to mobilise highly skilled people from the private sector. Skills are required across the NPA's operating units: • National Prosecutions Service • Specialised Tax Component • Organised Crime Component • Asset Forfeiture Unit • Sexual Offences and Community Affairs • Specialised Commercial Crime Unit • Priority Crimes Litigation Unit • Investigating Directorate

    Canvas not supported.

    Is it working?

    The NPA has started drawing from the funds provided through the MOU to bring in specific expertise in some court cases. However, it has still not succeeded in prosecuting a high-profile case, particularly related to the state capture era.

    Actions

    A trust fund has been set up, funded by BLSA, which the NPA has access to.

    Are there plans?

    The NPA and BLSA entered into a memorandum of understanding in August 2022. The MOU aims to develop the skills needed in priority areas for successful prosecution, with BLSA responsible to mobilise skills from the private sector.

    Is it on the agenda?

    Bringing skills from the private sector into the NPA is part of the government's agenda.

    Goals

    The NPA is under-resourced and needs to draw on the private sector for support in investigating and building cases for successful prosecutions, often involving cases of complex commercial crime and money laundering.

    Departments / Govt Institutions

    Department of Justice and Constitutional Development

    Summary

    The NPA, tasked with prosecuting often complex commercial crimes, needs specialised/technical skills (eg, forensic accountants and data analysts). If such personnel cannot be hired directly, the NPA requires the ability to mobilise highly skilled people from the private sector. Skills are required across the NPA's operating units: • National Prosecutions Service • Specialised Tax Component • Organised Crime Component • Asset Forfeiture Unit • Sexual Offences and Community Affairs • Specialised Commercial Crime Unit • Priority Crimes Litigation Unit • Investigating Directorate

    Canvas not supported.

    Is it working?

    The NPA has started drawing from the funds provided through the MOU to bring in specific expertise in some court cases. However, it has still not succeeded in prosecuting a high-profile case, particularly related to the state capture era.

    Actions

    A trust fund has been set up, funded by BLSA, which the NPA has access to.

    Are there plans?

    The NPA and BLSA entered into a memorandum of understanding in August 2022. The MOU aims to develop the skills needed in priority areas for successful prosecution, with BLSA responsible to mobilise skills from the private sector.

    Is it on the agenda?

    Bringing skills from the private sector into the NPA is part of the government's agenda.

    Goals

    The NPA is under-resourced and needs to draw on the private sector for support in investigating and building cases for successful prosecutions, often involving cases of complex commercial crime and money laundering.

    Departments / Govt Institutions

    Department of Justice and Constitutional Development

    Summary

    The NPA hires experts from the private sector, particularly in cases requiring specialised skills or when dealing with complex investigations. This is permitted under Section 38 of the National Prosecuting Authority Act and is seen as a way to enhance the NPA's capacity, especially in areas like financial crime and state capture cases. NPA units requiring skilled employees include: • National Prosecutions Service • Specialised Tax Component • Organised Crime Component • Asset Forfeiture Unit • Sexual Offences and Community Affairs • Specialised Commercial Crime Unit • Priority Crimes Litigation Unit • Investigating Directorate (ID)

    Canvas not supported.

    Is it working?

    Critics acknowledge some improvements in the functioning of the NPA as well as some successes, but argue that there are still significant challenges to be overcome. Thus far in terms of enhancing NPA capacity, based on the NPA's latest annual report (2023/24): • In 2023/24, 357 staff were added through recruitment processes. Of these, 124 were recruited from outside the organisation for permanent positions, 27 were brought in on fixed-term contracts and 206 were internal promotions and transfers. The APP added 183 aspirant prosecutors to the NPA’s permanent establishment.

    Actions

    Through their MoU, BLSA provides the NPA with forensic investigators, data analysts and specialised skills needed to build strong cases that will lead to successful prosecutions while ensuring the NPA’s independence.

    Are there plans?

    The NPA and BLSA entered into a memorandum of understanding (MoU) in August 2022. It enables organised business to mobilise skills from the private sector to work for the NPA to analyse evidence and build cases for successful prosecutions, particularly for complex cases.

    Is it on the agenda?

    The NPA has stated it lacks sufficient skills and capacity and is on a drive to adress this, including by bringing skills from the private sector into the NPA, and in its annual reports it provides and annual peformace plan which inlcudes updates on progress.

    Goals

    The NPA is under-resourced and needs to draw on the private sector for support in investigating and building cases for successful prosecutions, often involving cases of complex commercial crime and money laundering.

    Departments / Govt Institutions

    Department of Justice and Constitutional Development

    Summary

    The NPA hires experts from the private sector, particularly in cases requiring specialised skills or when dealing with complex investigations. This is permitted under Section 38 of the National Prosecuting Authority Act and is seen as a way to enhance the NPA's capacity, especially in areas like financial crime and state capture cases. NPA units requiring skilled employees include: • National Prosecutions Service • Specialised Tax Component • Organised Crime Component • Asset Forfeiture Unit • Sexual Offences and Community Affairs • Specialised Commercial Crime Unit • Priority Crimes Litigation Unit • Investigating Directorate (ID)

    Canvas not supported.

    Is it working?

    Critics acknowledge some improvements in the functioning of the NPA as well as some successes, but argue that there are still significant challenges to be overcome. Thus far in terms of enhancing NPA capacity, based on the NPA's latest annual report (2023/24), in 2023/24, 357 staff were added through recruitment processes. Of these, 124 were recruited from outside the organisation for permanent positions, 27 were brought in on fixed-term contracts and 206 were internal promotions and transfers. ALso, 183 aspirant prosecutors were added to the NPA’s permanent establishment.

    Actions

    Through a MoU, Business Leadership SA provides the NPA with forensic investigators, data analysts and specialised skills needed to build strong cases that will lead to successful prosecutions while ensuring the NPA’s independence.

    Are there plans?

    The NPA and BLSA entered into a memorandum of understanding (MoU) in August 2022. It enables organised business to mobilise skills from the private sector to work for the NPA to analyse evidence and build cases for successful prosecutions, particularly for complex cases.

    Is it on the agenda?

    The NPA has stated it lacks sufficient skills and capacity and is on a drive to adress this, including by bringing skills from the private sector into the NPA, and in its annual reports it provides and annual peformace plan which inlcudes updates on progress.

    Goals

    The NPA is under-resourced and needs to draw on the private sector for support in investigating and building cases for successful prosecutions, often involving cases of complex commercial crime and money laundering.

    Departments / Govt Institutions

    Department of Justice and Constitutional Development

    Summary

    The NPA hires experts from the private sector, particularly in cases requiring specialised skills or when dealing with complex investigations. This is permitted under Section 38 of the National Prosecuting Authority Act and is seen as a way to enhance the NPA's capacity, especially in areas like financial crime and state capture cases. NPA units requiring skilled employees include: • National Prosecutions Service • Specialised Tax Component • Organised Crime Component • Asset Forfeiture Unit • Sexual Offences and Community Affairs • Specialised Commercial Crime Unit • Priority Crimes Litigation Unit • Investigating Directorate (ID)

    Canvas not supported.

    Is it working?

    Critics acknowledge some improvements in the functioning of the NPA as well as some successes, but argue that there are still significant challenges to be overcome. Thus far in terms of enhancing NPA capacity, based on the NPA's latest annual report (2023/24), in 2023/24, 357 staff were added through recruitment processes. Of these, 124 were recruited from outside the organisation for permanent positions, 27 were brought in on fixed-term contracts and 206 were internal promotions and transfers. ALso, 183 aspirant prosecutors were added to the NPA’s permanent establishment.

    Actions

    Through a MoU, Business Leadership SA provides the NPA with forensic investigators, data analysts and specialised skills needed to build strong cases that will lead to successful prosecutions while ensuring the NPA’s independence.

    Are there plans?

    The NPA and BLSA entered into a memorandum of understanding (MoU) in August 2022. It enables organised business to mobilise skills from the private sector to work for the NPA to analyse evidence and build cases for successful prosecutions, particularly for complex cases.

    Is it on the agenda?

    The NPA has stated it lacks sufficient skills and capacity and is on a drive to adress this, including by bringing skills from the private sector into the NPA, and in its annual reports it provides and annual peformace plan which inlcudes updates on progress.

    Goals

    The NPA is under-resourced and needs to draw on the private sector for support in investigating and building cases for successful prosecutions, often involving cases of complex commercial crime and money laundering.

    Departments / Govt Institutions

    Department of Justice and Constitutional Development

    Summary

    The NPA hires experts from the private sector, particularly in cases requiring specialised skills or when dealing with complex investigations. This is permitted under Section 38 of the National Prosecuting Authority Act and is seen as a way to enhance the NPA's capacity, especially in areas like financial crime and state capture cases. NPA units requiring skilled employees include: • National Prosecutions Service • Specialised Tax Component • Organised Crime Component • Asset Forfeiture Unit • Sexual Offences and Community Affairs • Specialised Commercial Crime Unit • Priority Crimes Litigation Unit • Investigating Directorate (ID)

    Canvas not supported.

    Is it working?

    Critics acknowledge some improvements in the functioning of the NPA as well as some successes, but argue that there are still significant challenges to be overcome. Thus far in terms of enhancing NPA capacity, based on the NPA's latest annual report (2023/24), in 2023/24, 357 staff were added through recruitment processes. Of these, 124 were recruited from outside the organisation for permanent positions, 27 were brought in on fixed-term contracts and 206 were internal promotions and transfers. ALso, 183 aspirant prosecutors were added to the NPA’s permanent establishment.

    Actions

    Through a MoU, Business Leadership SA provides the NPA with forensic investigators, data analysts and specialised skills needed to build strong cases that will lead to successful prosecutions while ensuring the NPA’s independence.

    Are there plans?

    The NPA and BLSA entered into a memorandum of understanding (MoU) in August 2022. It enables organised business to mobilise skills from the private sector to work for the NPA to analyse evidence and build cases for successful prosecutions, particularly for complex cases.

    Is it on the agenda?

    The NPA has stated it lacks sufficient skills and capacity and is on a drive to adress this, including by bringing skills from the private sector into the NPA, and in its annual reports it provides and annual peformace plan which inlcudes updates on progress.

    Goals

    The NPA is under-resourced and needs to draw on the private sector for support in investigating and building cases for successful prosecutions, often involving cases of complex commercial crime and money laundering.

    Departments / Govt Institutions

    Department of Justice and Constitutional Development

    Analyst: Thabani Madlala
    Status: in-progress
    Last Updated:
    Next Update:
    Got an Update? Follow this reform
    Reform Area:
    Reform:

      If you would like to alert our analysts to an update you are aware of in this particular reform area, please complete the form below and submit it to us. Please ensure you include links to any press releases or other documents to confirm the reforms and provide detail to allow our analysts to assess the changes. Our team will review it.