National director of public prosecutions Shamila Batohi. (Photo by Gallo Images / Sunday Times / Alaister Russell)
Allegations of “political interference” have been levelled against the National Prosecuting Authority’s (NPA) top leadership over the stalled arrest of high-ranking police generals implicated in R100-million crime intelligence corruption.
The alleged political interference — made by sources close to the investigation — flies in the face of NPA head Shamila Batohi’s promise in February 2019, when she took over the authority’s reins, that she would fight against any external pressures that hindered the work of prosecutions and would go to the constitutional court if such meddling were to occur.
The allegations against Batohi and Hermione Cronje, the head of the NPA’s Investigating Directorate, come after the Mail & Guardian reported last week that generals at the South African Police Service (SAPS) faced imminent arrest for alleged procurement corruption related to operations targeting students protesting under the #FeesMustFall banner in 2016, as well as the ANC’s 2017 Nasrec elective conference.
Investigative documents seen by the M&G show how service provider Brainwave, its sole director Inbanathan Kistiah and senior generals allegedly created a bogus bidding war for the procurement of social media monitoring equipment to spy on and disrupt the activities of the student movement for free tertiary education.
In December 2016, Brainwave received a more than R1.1-million-a-month contract to supply the spyware for seven months.
But, according to an investigative document dated August 2021, Brainwave ended up pocketing more than R54.2-million from just seven invoices — the lowest of which was for more than R3.6-million and the highest for more than R8.4-million.
Investigators believe that Kistiah, with the alleged complicity of the police, used a company owned by the spouse of one of his employees to create the veneer of a competitive bidding war, when Brainwave was the alleged preferred service provider.
The documents, which form part of the investigation and include detailed financial statements, show that there was gross price inflation when Brainwave, which had initially quoted R33.8-million for the spyware, reduced its offer to more than R1.1-million a month over seven months, but ended up raking in more than R54.2-million.
“The wording, format and pricings of the two entities were similar in several material respects despite the fact that there were no specifications for the software that the SAPS sought to procure. The two entities colluded and thereby deprived the state of a transparent and competitive bidding [process] that would have resulted in the award of the contract to a company that would have offered a cost-effective price for the software,” one of the investigative reports reads in part.
It is also alleged that Brainwave received an illegal R45-million contract to supply spyware equipment for the interception of phone calls and text messages at the ANC’s December 2017 national conference.
According to whistleblower Brigadier Tiyani Hlungwani, who works in the finance section of crime intelligence and deposed an affidavit that was used during the investigation, the spyware, known as a “grabber”, retailed at less than R10-million at the time of the R45-million contract.
Sources close to the inquiry told the M&G that the investigation was completed in August, and alleged that political interference from the NPA’s top leadership was the reason arrests have not yet been made.
“There already exists a detailed charge sheet and the state has a strong case. Prosecutors in the matter have been sitting on their hands because they have not been given the green light to get warrants of arrest and begin the prosecution,” said a source who asked to remain anonymous.
“This has all the hallmarks of political interference, because these are senior generals who know a lot about certain politicians. It is unfortunate that the NPA continues to allow itself to be used as a political football, but it really is not surprising.”
The NPA’s communications department has not responded to the M&G’s repeated requests for comment since 19 November.
Sindisiwe Seboka, spokesperson for the Investigating Directorate, which sources said was handling the high-level inquiry, would not confirm that an investigation into crime intelligence corruption was ongoing.
“The NPA Investigating Directorate appreciates the questions sent to us and the role of the fourth estate in our democracy. However, we uphold that as the NPA ID, we prosecute without fear, favour or prejudice,” Seboka said.
“With that said, the ID does not confirm any investigations nor do we confirm matters purportedly to be prosecuted by us. When matters are announced it will be after the accused have been arrested and have appeared before a court of law.”
The allegations of political interference run contrary to the assertion Batohi made in February 2019 that she would not allow any meddling in the work of the NPA.
“We all know that the Constitution guarantees independence, and requires that the NPA acts without fear, favour or prejudice,” Batohi said at the time.
She acknowledged that political interference had been rife at the NPA prior to her arrival, and said she had had a conversation with President Cyril Ramaphosa to guarantee the authority’s independence. Ramaphosa, Batohi said, did not hesitate in assuring her that politics would not play a part in the NPA’s work during her tenure.
“If it [political interference] does happen in the future, then I will fiercely defend [against] it. It is a constitutional issue and I will take it to the constitutional court if need be,” she said.
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