The Minister of Justice and Correctional Services, Michael Masutha, says prosecutions of the National Prosecuting Authority are independent.

“In as much as the minister exercises final responsibility over the NPA – he does not get involved nor interfere in prosecutorial processes and decisions,” said department spokesperson Mthunzi Mhaga.

“Therefore, the Minister cannot instruct the prosecuting authority to ‘continue with prosecution against anyone’,” Mhaga said on Thursday.

This follows a media report which indicated that the Minister has announced that the NPA will continue and apprehend those that are being accused in the charge sheet into the Bosasa investigation.
Mhanga labelled this media report as inaccurate.

The media report came after the minister answered a Democratic Alliance question on the NPA’s progress regarding the tender awarded to Bosasa by his department of Correctional Services and what the timeline for the completion of this joint investigation. The minister was also asked about when the NPA envisages instituting any prosecution in this matter; if not, why not?

In his reply Masutha said: “I have been informed by the National Prosecuting Authority that there are outstanding investigations and that it is envisaged that it be finalised within the next six months”.

He said that a final decision on the prosecution will be taken once the investigation is completed.

Bosasa investigation

The investigation into Bosasa was commissioned by Correctional Services in March 2006. It covers major tenders entered into by the department for nutrition services, CCTV security, fencing and television monitors.

The Special Investigating Unit is also probing contracts authorised for Bosasa during the tenure of former Commissioner of Correctional Services Linda Mti.