Why it’s taken so long to prosecute state capture cases in South Africa

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The latest developments highlight the challenges around the appointment of National Director of Public Prosecutions.

. These actions stand in direct contrast to the inaction of the NPA, an embarrassment, thereby forcing it to proceed.The NPA and the police have not promoted and protected the rule of law as well as they could have. But the country’s judiciary has been a ray of light.

Through their creative and courageous decision-making the post-1994 judiciary, especially the Constitutional Court, has demonstrated the textbook example of an effective separation of powers doctrine in a democracy.It is probably harder to prosecute corruption because it invariably involves subterfuge and deception to create the web of relationships. These relationships are often challenging to unpack.

Yet the NPA has in the past two decades succeeded in a few prosecutions for corruption, including that ofIts challenge is resources. Its a David versus Goliath situation if you compare the expertise in the NPA’s ranks with the resources that white collar criminals have at their disposal. This is true even though the NPA has expertise in its senior ranks.

 

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