The Hawks and the National Prosecuting Authority are being taken to court by Open Secrets for their failure to investigate and prosecute corruption at the Passenger Rail Agency of South Africa (PRASA).
In papers filed at the Gauteng High Court in Pretoria on 9 May, Open Secrets singled out PRASA contracts with Siyangena Technologies and with Swifambo Rail Leasing, involving billions of rands. Complaints against these companies were first filed in 2015.
Open Secrets asks the Court to direct the police’s Directorate for Priority Crime Investigations (the Hawks) to complete their investigations into PRASA, and to direct the NPA to either prosecute the cases or not.
In the founding affidavit, Open Secrets director Hennie van Vuuren says: “The Supreme Court of Appeal (SCA) reviewed the decisions to award these contracts to Siyangena and Swifambo, respectively, and set aside both contracts as irregular, tainted by corruption.”
Van Vuuren says it has been more than nine years since criminal complaints related to these contracts were filed, yet no one has been held accountable, contrary to the recommendations of the Zondo Commission.
He says the NPA claims it is waiting for the Hawks’ investigations, while the Hawks say they need guidance from the NPA. “This buck-passing has birthed an apparent paralysis that flouts the rule of law,” he argues.
In the Zondo Commission’s final report on PRASA, released in 2022, Chief Justice Raymond Zondo stated: “It is quite worrying that many years after complaints were laid with the Hawks, nobody has been charged.”
Zondo said he believed there was more to be uncovered at PRASA and recommended a special commission of inquiry to examine why PRASA was “allowed to slide into almost total ruin”, who benefitted from this, and who should be held responsible.
One of the people alleged to have benefitted was Lucky Montana, PRASA Group CEO from 2010 to 2015.
Van Vuuren points out that both Montana and former PRASA board chair Sfiso Buthelezi, who was also fingered in the Zondo Commission, represent the Mkhonto weSizwe (MK) party as Members of Parliament.
GroundUp has reported that MK MPs have pushed back against investigations into PRASA.
The respondents — the Hawks, the NPA, and PRASA — have been given 15 days to file opposing papers.
Open Secrets, represented by law firm Power and Associates, wants the costs of the application to be borne by the Hawks and the NPA.
