AFU froze more than R5.8bn in corruption loot says Batohi

National Director of Public Prosecutions Shamila Batohi.

National Director of Public Prosecutions Shamila Batohi.

Published Sep 27, 2022

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Cape Town - The Asset Forfeiture Unit (AFU) obtained freezing orders to the tune of more than R5 billion in corruption and related matters during the 2021-22 financial year.

This was revealed by National Director of Public Prosecutions Shamila Batohi in the National Prosecuting Authority’s (NPA) annual report tabled in Parliament last week.

Batohi said the orders were obtained in terms of the Prevention of Organised Crime Act to secure the assets and to prevent dissipation.

“The AFU obtained 320 freezing orders to the value of R512m. This amount is to the total value of all freezing orders as orders in serious corruption matters are reported on separately,” she said.

“The total amount of all freezing orders obtained during the financial year, including corruption freezing orders, is R5.835 billion,” she said.

Batohi also said there were 370 completed confiscation and forfeiture orders to the value of R406m. “The value cannot be realised until there is a conviction, which, in complex prosecutions, can take a considerable amount of time,” she said.

The entity obtained recoveries of assets to the value of R281m.

“The AFU obtained recoveries in the amount of R117m in corruption matters.”

Batohi also said both the AFU and the Investigating Directorate (ID) were critical to the success of the NPA in addressing corruption cases arising from the Zondo Commission reports.

She said the ID enrolled over 20 matters, charged 65 accused and obtained freezing orders to the value of R5.5 billion, with the single biggest restraint of R3.78 billion obtained by the AFU.

The report noted that the investigations conducted by the ID covered contracts to the value of R2.1 trillion.

“Of this amount, contracts relating to the Public Investment Corporation constitute the largest figure, in excess of R2 trillion, which is mainly investigated by the Directorate of Priority Crime Investigation,” Batohi said.

She noted that budget advocacy over the preceding years has yielded results and that they appreciated the additional budget allocations to the NPA for the current medium-term expenditure framework (MTEF) period.

The nature and scale of challenges facing the NPA meant that additional funding will be required to deliver effectively on its mandate.

“Keeping pace with the criminals will require bold and innovative approaches to budgeting and implementation.

“The NPA needs to be a cutting-edge and modernised prosecuting authority,” the NPA head said.

Batohi said they had indicated to Parliament in their latest briefing that an additional R1.2 billion over the next MTEF period would be required.

Batohi also said the support from the private sector has been overwhelming and was necessary to address the complex challenges they would face over the coming years.

“The NPA has made good progress in setting up a Donor Oversight Committee to ensure that the NPA’s independence is not compromised in the process.

“The NPA needs to be built on a solid foundation and our strategic values – independence, professionalism, accountability and credibility – provide that foundation.”

The annual report said the NPA was working closely with the Department of Justice and Constitutional Development and the National Treasury to establish the Donor Oversight Committee.

“The minister indicated the establishment of the structure is a priority, and the NPA is confident it will provide transparent management and accounting of donor support of any kind.”

Cape Times