In the inaugural edition of Espresso Briefs, a monthly deep-dive hosted by law firm Nortons Inc., Anthony Norton and Michelle Rawlinson sat down with author and activist David Lewis - a man who has spent three decades navigating competition law and corruption in South Africa.

From his tenure as the chair of the Competition Tribunal to founding Corruption Watch, and more recently playing a pivotal role on the National Anti-Corruption Advisory Council (NACAC), Lewis has occupied a unique vantage point. In an unhurried, hour-long conversation, he gave his forthright views on issues within the police service, the structural constraints on the National Prosecuting Authority, and why the Office of Public Integrity (OPI) might be the answer to effectively tackling corruption in South Africa.

The elephant in the room: the crisis at SAPS

While much of the public discourse focuses on the NPA’s failure to secure high-profile convictions, Lewis argues that the problem begins much further upstream.

He noted that SAPS “is an institution in serious trouble". He pointed to the "mind-blowing" evidence emerging from recent inquiries into systemic corruption within the upper echelons of the police and suggested that what is needed is a complete re-evaluation of the officer corps. "What they should be doing is requiring that every police officer above the rank of brigadier re-apply for their jobs. Even if this involves a large pay out to those removed, it will be cheaper than keeping an utterly dysfunctional SAPS going."

The NPA: a CEO without a budget

A recurring theme in the discussion was the "institutional paralysis" caused by the NPA’s lack of financial and operational independence. To the average citizen, the National Director of Public Prosecutions is a powerful figure. In reality, Lewis describes a "CEO" who doesn't control their own purse strings.

"The NPA does not have its own accounting officer," Lewis explained. "The accounting officer is in the Department of Justice. If the NPA wants to hire a skilled forensic expert, they don't control the budget, the advertisement, or the salary. You have a skills-intensive activity decided by someone who does not have the proximity to make those decisions."

Beyond the budget, Lewis highlighted a legislative anomaly regarding the NDPP’s power. "Contrary to popular expectation, the head of the NPA does not have decision-making power over when to prosecute or withdraw a case; provincial directors have that power… How can you be the CEO of a company without control over the major strategies the organisation makes?"

The new guard: enter Andy Mothibi

The conversation turned to the recent appointment of Andy Mothibi (formerly of the SIU) to lead the NPA. While there are concerns about the mandatory retirement age potentially cutting Mothibi’s tenure to a mere two years, Lewis was optimistic—provided the law changes.

"Lawyers are not lifting logs," Lewis quipped. "It’s nonsense to have a compulsory retirement age of 65. They should change that now so he can serve a full 10-year term." Lewis praised Mothibi’s "can-do energy" and, crucially, his ability to communicate with a frustrated public. "In no country is prosecution a sufficient deterrent. You have to have the public on your side. You have to explain why it takes two years to file papers."

Prevention over prosecution: the OPI

The conversation then turned to the NACAC’s principle recommendation: the establishment of the Office of Public Integrity (OPI). To avoid creating yet another institution, the Council proposes merging the OPI with the Special Investigating Unit (SIU) which would allow the OPI to be operationalised more quickly and to be staffed with experienced personnel from the outset.

"The key take-home is prevention," said Lewis. "The return on investment for corruption is so high that people calculate the chances of successful prosecution are small. We need to focus on governance. If you tighten the selection process at a hospital, half the bad actors wouldn't get through the first round."

Lewis envisions the OPI as a body that doesn't just chase criminals but audits "systemic corruption" - using data to make government systems (home affairs, tax, licensing) speak to each other, making it impossible for "thieves at the dinner table" to hide.

A final word on whistleblowers

As the coffee ran low, the topic turned to the safety of those who speak out. Following a spate of assassinations of liquidators and professionals, the stakes have never been higher.

"The President should celebrate whistleblowers," Lewis concluded. "If you touch these people, it should be like touching a member of the Cabinet. We need to move away from the private sector attitude that whistleblowers are 'troublemakers.' These are the heroes who contribute most to our society."

The verdict

The first Espresso Briefs left one thing clear: the roadmap for a functional justice system exists, but it requires a "determined President and a determined Minister" to implement the "simple fixes" that have been stalled for years.

As David Lewis noted, the "cobra" of the SIU and the OPI needs to be visible on every street corner. But for the cobra to be an effective deterrent, the public—and the criminals—must believe it is finally ready to strike.

To watch the interview, please click here: https://youtu.be/yCXQ2nZ1_N4