The Directorate on Corruption and Economic Crime (DCEC) has a backlog of 182 cases pending with the Directorate of Public Prosecutions (DPP).
This is in addition to cases that are still under investigation and corruption allegation reports that have since been received by the agency.
According to the latest Public Accounts Committee report, the corruption allegation reports included 69 Covid-19 reports which were received between April 2020 and May 2021.Out of the 69, twenty-seven were being investigated while most of the remaining cases were referred to the different ministries.
“The lengthy process where cases can take 18 years not only leads to fewer convictions in corruption cases, it erodes the trust of the public in the DCEC. The DCEC together with the DPP should make efforts to improve their efficiency in handling corruption cases by ensuring that corruption cases are processed and disposed of within a reasonable time,” reads the report signed by PAC chairperson Dithapelo Keorapetse.
PAC recommended that there should be security of tenure for the holder of the position of Director General; and that there is need to determine and adopt international standards and practices in terms of the establishment and management of the DCEC. The Committee further recommended that the DCEC should work with stakeholders to clear case backlog and address the problems that lead to unreasonable delays and backlogs and that the possibility of creating special courts to hear corruption cases should be explored.
“The current practice regarding appointments of officers within the DCEC is the same with the rest of the civil service where officers from E2 are appointed by the PSP and those from D1 and below by the Permanent Secretary,” says the report.
It also shows that the Committee enquired from the Accounting Officer Tymon Katlholo, what his position was on the operational independence of the DCEC given the recent transfer of senior officials from the entity and whether such transfers do not impede the directorate from carrying out its activities. The report added that the organization for example has had three director Generals within a spate of three years and five other senior officers had been transferred.
In his response, Katholo indicated that to his understanding section 4.2 of the Corruption and Economic Crime Act gives the Director Operational Independence. Stated is that he did however concur that the transfer of officers has the potential to undermine the independence of the DCEC if it is not done within the ambits of section 4.2.
He reiterated that the DCEC is a depository of a lot of sensitive information therefore, indiscriminate transfer and appointment of officers into the directorate may lead to persons who are conflicted being brought into the organization. According to the report, the transfers also have an effect of weakening the organization when experienced investigators are transferred which undermines the fight against corruption.
“The independence of the DCEC needs to be enhanced by ensuring that the appointment of officers and organizational decision making is not influenced by the executive or any other person. The current arrangement creates the perception that the DCEC is an organ of the state rather than an independent entity that has the freedom to exercise its mandate without fear or favour,” reads the report.
