Senior officials of the National Prosecuting Authority have expressed fears that it is engaged in a cover-up of the extent to which its staff looted at least R1-million from the C-fund, set up to pay off informers.
The Mail & Guardian is in possession of a top-secret dossier, prepared in December 2004, containing information relating to the alleged misuse of funds by more than 20 officials, including senior investigators, senior special investigators and advocates. While the dossier, which includes an internal Scorpions report, recommends further investigations of all those involved, only two senior officials appear to have been investigated and prosecuted.
Former director of investigation within the Directorate of Special Operations (DSO) Jeff Ledwaba and the former head of strategic operations, Ayanda Dlodlo, were arrested last Friday on charges of theft, fraud and corruption relating to the C-fund.
The M&G first reported the allegations relating to Ledwaba in May last year, when he was alleged to have misappropriated about R650 000 from the informers’ fund. Ledwaba has since resigned from his post. Dlodlo, who has also left the Scorpions, faces two charges of theft for allegedly stealing more than R80 000 from the fund.
The internal report paints a picture of deliberate misuse of money by officials. In some instances, the report says, investigators utilised the C-fund to pay for liquor, cigarettes and even relatives’ funerals. It highlights more than 10 instances in which officials claimed cash totalling R270 000, without providing the necessary documentation to the fund’s administrator.
Although the C-fund’s policy states that no advances would be allowed if more than three claims were outstanding, the report shows this policy was not adhered to.
Among those fingered by the report for failing to provide the necessary documentation in support of claims are two advocates and five senior investigators whose names are known to the M&G.
The amounts for which individuals did not file claims range from R45 000 to R287 455. The total undocumented claims amount to R741 225.
South African Police Service spokesperson Dennis Adriao could not say whether more Scorpions’ officials were being investigated, but police insiders told the M&G that Scorpions chief Leonard McCarthy had prevented police from obtaining further information needed for the investigation.
National Director of Public Prosecution Vusi Pikoli was last week reported as saying the fact that only Ledwaba and Dlodlo were arrested, showed there was no widespread corruption within the unit.
This week the M&G obtained a copy of memorandum written by ”concerned officials” within the Scorpions and addressed to the minister of justice, the national director of public prosecutions and the national commissioner of police.
In the memorandum, the officials say they wish to remain anonymous for fear of ”persecution”, but outline their unhappiness with what they describe as selective prosecution, and accuse the NPA of covering up for some officials. They also accuse Pikoli of lying to the public when he said there was no widespread corruption within the Scorpions. ”We believe this to be a lie,” reads the memorandum.
”It is well known that the investigation on the account was initially aimed at certain known 3 white investigators with the DSO. ”Mr Ngcuka [the former national director] directed the IMU to investigate these investigators in 2004.”
NPA spokesperson Makhosini Nkosi said he was unable to comment as the matter was the subject of a police investigation, but denied receiving the memo. He said it was disingenious to suggest that the NPA woud be involved in the cover-up if it was actually the police who were doing the investigation. He was unaware of any failure or refusal by its officials to cooperate with the SAPS.
”As we have stated before, upon receiving allegations of wrongdoing in the handling of the C-fund,the NDDP ordered an internal investigation and later referred the matter to the SAPS for a criminal investigation on the basis of the outcome of the internal investigation,” said Nkosi.