NPA explains gap between 5,944 SIU referrals and criminal prosecutions

The National Prosecuting Authority (NPA) has sought to explain why 5,944 criminal referrals made by the Special Investigations Unit (SIU) since 2011 have translated into a much smaller number of criminal dockets and prosecutions.

Nkebe Kanyane, the special director of public prosecutions who heads the NPA’s Specialised Commercial Crime Unit, told parliament’s standing committee on public accounts on Tuesday that the figures could not be compared on a one-to-one basis because multiple referrals can be consolidated into a single criminal investigation.

The SIU has made 5,944 referrals to the NPA since 2011, with the number increasing sharply in recent years. But only 10% translated into dockets. There were 901 referrals in 2024 and 899 in 2025, compared with 20 in 2011 and 23 in 2012.

Kanyane said the process begins when the president issues a proclamation authorising an SIU investigation. Where the SIU uncovers evidence pointing to a criminal offence it refers the matter to the NPA, which assesses the referral and can return it to the SIU or refer it for further investigation.

Depending on the nature and complexity of the case, investigations can be conducted by the Directorate for Priority Crime Investigation (DPCI), the South African Police Service (SAPS) or other specialised investigative environments. The NPA can also investigate certain matters itself.

Kanyane used an SIU investigation into the national department of public works in the Western Cape to illustrate the difference between referrals and criminal cases. The investigation, under proclamation 18 of 2020, generated 174 criminal referrals involving individuals and entities. Those referrals resulted in three case dockets being opened.

One docket was finalised, one remained under investigation and one was awaiting a prosecutorial decision. A case registered at the Cape Town Central police station resulted in the conviction of one juristic person on 55 counts, corresponding to 20 of the SIU referrals. Three natural persons had their cases withdrawn, one of whom was deceased.

Kanyane said several referrals could relate to the same individuals or conduct and be dealt with in a single docket. “The statistics/numbers will never tally,” he said.

Gauteng has accounted for 2,655 referrals since 2011. Those resulted in 206 registered dockets, of which 119 were under DPCI investigation, 40 were at the decision or guidance stage and 12 were in court.

KwaZulu-Natal had 1,045 referrals, resulting in 29 registered dockets, with 10 under investigation, 11 at the decision or guidance stage and four in court.

In the Eastern Cape, 871 referrals resulted in 84 registered dockets, of which 13 were under investigation, 24 were at the decision or guidance stage and 30 were in court.

Kanyane said the gap between referrals and prosecutions also needed to be understood against the complexity of corruption cases. Investigations often began years after the alleged conduct, making it difficult to locate witnesses and obtain documentary and electronic evidence.

Electronic evidence had to be downloaded and analysed, while evidence located outside South Africa often required formal mutual legal assistance processes. Securing forensic auditors could also take considerable time, while the state continued to lose experienced investigators and prosecutors to the private sector.

The NPA also lacks an integrated justice-sector case-management system to track matters from investigation and referral through to prosecution and asset recovery.

Not every referral results in a prosecution. Cases can be declined where there is no prima facie evidence of criminality, insufficient prospects of a successful prosecution or insufficient evidence to prove the relevant offence. Difficulties securing witnesses or documents can also affect prosecutorial decisions.

In the Eastern Cape, several matters resulted in nolle prosequi decisions, including 14 referrals relating to the provincial departments of public works and education and 11 relating to the East London Industrial Development Zone.

In a Transnet investigation into Covid-19 personal protective equipment procurement, the NPA recorded 13 convictions, seven acquittals, 108 nolle prosequi decisions and 43 withdrawals.

Kanyane said the institutions were considering ways of intervening earlier in investigations to improve the quality of referrals. One proposal is to assign prosecutors to guide selected investigations while they are being conducted by the SIU and police, allowing evidential shortcomings to be identified before a referral is made.

The NPA emphasised that criminal prosecution was only one component of the accountability process.

The SIU said contracts worth R38.1bn had been set aside as a result of its investigations, while R2.9bn had been recovered by the SIU and a further R8bn by the Asset Forfeiture Unit (AFU), taking combined recoveries to R11.5bn.

In an Eskom-Systems Applications Products (SAP) matter, two contracts worth R1.2bn were set aside, and SAP was ordered to repay R570m, which was subsequently repaid to Eskom. The SIU made 13 criminal referrals to the NPA.

In a separate Eskom matter involving power and automation engineering company ABB, the NPA said it had reached an agreement with the company for more than R2.5bn in punitive reparations in connection with corruption-related activities during the state-capture period. The matter remained under investigation and had also been referred to the AFU.

The presentation also highlighted 132 SIU-referred criminal matters arising from state-capture investigations. Of these, 10 were being handled as Investigating Directorate Against Corruption (Idac) investigations, with six under investigation and four in court.

Kanyane said the agencies were working on stronger co-ordination mechanisms, including regional case-management structures and prosecutor-guided investigations.

The NPA, SIU, DPCI, SAPS and other agencies are also considering a case-management committee to co-ordinate investigations and prosecutions, monitor progress and improve accountability.

The objective, Kanyane said, is to improve the speed and efficiency with which complex corruption investigations move through the criminal justice system.