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The Portfolio Committee on Justice and Constitutional Development today emphasised the importance of finding amicable ways of working together on the matter of access to the Zondo Commission database instead of ventilating matters in the media. 
 
The committee called the Minister of Justice and Constitutional Development, Ms Thembi Simelane, and the National Director of Public Prosecutions, Adv Shamila Batohi, to a meeting following media report alleging that the National Prosecuting Authority (NPA) was denied access to the Zondo Commission’s investigation database.
 
“These reports are extremely concerning, as it deals with state capture and millions and millions of rands stolen from the South African people. Every South African wants to see justice in these matters and the money returned to the state coffers in order to alleviate the strain on the economy and our people,” said Committee Chairperson Mr Xola Nqola.
 
Mr Nqola emphasised: “It was of utmost importance for the committee to establish first-hand the authenticity of these allegations and furthermore to assist the parties should there be challenges or obstacles.”
 
According to media reports, the NPA was locked in a stand-off with the Department of Justice and Constitutional Development, after full access to vital state capture evidence was allegedly blocked. The reports go on to say that the NPA and the Investigating Directorate Against Corruption (IDAC) lost access to a large digital evidence database gathered by Zondo Commission investigators because of a lack of maintenance.
 
In the meeting today, Minister Simelane stated that she has never blocked access to anything. She is not even aware where the centre containing the database is located, she said. In addition, the Minister said that no department official would hinder the NPA or the IDAC from accessing the data centre. The committee heard that the information contained in the data centre amounts to about 1 petabyte or 1 million gigabytes.
 
The department further denied allegations that some of the information stored in the data centre has been lost or stolen due to unpaid database licencing issues. The committee heard, however, that there has been a technical glitch due to expired warrantees for the devices on which the database is stored. Warrantees must be renewed, and the department is in the process of doing that.
 
The committee further heard that the data centre also houses the Gupta hard drive, which was obtained under particular circumstances and only those parts that were obtained under oath can be made public.
 
Adv Batohi emphasised the need for the IDAC to have unhindered access, including to the database. She said the IDAC currently has limited access and wants full access, not just to a particular platform, as anything less makes it difficult for them to investigate fully and speedily. Adv Batohi further stated that it cannot be that just because the Zondo Commission did not use the full information on a particular matter, the IDAC cannot have access to all the information, including the unused portions.
 
Several committee Members focused on the fact that the media articles claimed that the NPA has been struggling for four years to gain full access to the database. Members enquired as to why the NPA never raised the matter in its engagements with the previous committee. Members also agreed that as Minister Simelane has only been in her position for few months, she cannot be accused of hindering the work of the IDAC for four years.
 
In conclusion, Mr Nqola said the Zondo Commission is of serious importance to the country. “The minister commits that you are going to get whatever information you require as long as it should not compromise the security of the information, credibility of the information and the authenticity of information in the data centre.
 
“We are confident that we are all capable of managing issues between the department and the prosecuting authority. We have a problem with an overuse of the media to communicate things that are supposed to be the intra-operations of the department and its entities,” Mr Nqola said.
 
He further stated that the committee has concerns about issues relating to security clearances of NPA executives. “We will engage with the Minister in the Presidency to see how best they can help regarding the issue that top-secret security clearance can be completed. Because it means that as it stands now the state information is at risk.”

Issued by the Parliamentary Communication Services on behalf of the Chairperson of the Portfolio Committee on Justice and Constitutional Development, Xola Nqola.