Since the start of the Madlanga Commission, South Africans have become acquainted with almost all of the country’s justice and crime-fighting bodies.
From the Investigating Directorate Against Corruption (IDAC) to the Independent Police Investigative Directorate (IPID), each body has a specific mandate and duty.
However, it’s easy to conflate their roles and what each should be doing. It has also become apparent at the commission that some organisations and their leadership appear to be overstepping their mandates.
So, here’s what you need to know about which justice and crime-fighting bodies carry out which tasks:
The South African Police Service (SAPS)
South Africa’s crime prevention and crime-combating mandate lies primarily with the SAPS. The SAPS also has a duty to investigate crimes and ensure offenders are brought to justice.
While police build cases against accused persons, they do not have the power to prosecute. SAPS personnel work closely with the National Prosecuting Authority (NPA) to secure justice on behalf of the state.
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The National Prosecuting Authority (NPA)
South Africa’s prosecutorial function rests wholly with the NPA, which is currently led by Advocate Andy Mothibi. Established in terms of the Constitution, the NPA’s primary duty is to institute criminal proceedings on behalf of the state and prosecute cases investigated by the South African Police Service.
It is the duty of Directors of Public Prosecutions to study the evidence and dockets compiled and submitted by the SAPS before deciding whether to prosecute. While the NPA has some investigative powers, the arrest of individuals accused of crimes is carried out by the police, who have the mandate to combat and investigate crime.
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The Investigating Directorate Against Corruption (IDAC)
Established in 2019 as the Investigating Directorate, IDAC is a specialised multidisciplinary unit within the NPA. The initial mandate of IDAC, which is headed by Advocate Andrea Johnson, was to investigate State Capture-related crimes arising from the State Capture Commission of Inquiry. However, IDAC also has an extended mandate under Section 27 of the NPA Act. This empowers IDAC to investigate other serious, high-profile or complex corruption, commercial or financial crime cases.
IDAC is also equipped with its own investigators. When President Cyril Ramaphosa amended the NPA Act in 2024, IDAC was given the ability to recruit permanent criminal investigators with full police powers. They work solely under the direct leadership of IDAC and its prosecutors.
In recent weeks, some of IDAC’s prosecutorial decisions have come under scrutiny at the Madlanga Commission, with commissioners and evidence leaders particularly questioning the fraud and corruption charges against Crime Intelligence boss Dumisani Khumalo over an appointment made within his division. IDAC maintains that the prosecution falls within the ambit of its Section 27 investigations.
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Directorate for Priority Crime Investigation (The Hawks)
While the South African Police Service has several specialised units, the Hawks are a specialised branch within SAPS. Lieutenant-General Siphesihle Nkosi serves as the Acting National Head of the Hawks following the retirement of General Godfrey Lebeya.
The Hawks investigate organised crime, economic crime, corruption and other serious offences. The unit was established in 2008 by President Jacob Zuma to replace the disbanded Scorpions and has since been positioned as South Africa’s elite corruption-busting agency.
Before IDAC was assigned the power to recruit its own investigators, Hawks personnel supported IDAC by providing investigative capacity.
The Special Investigating Unit (SIU)
One of the crime-fighting entities often cited as one of South Africa’s success stories is the Special Investigating Unit (SIU). The body, which until recently was headed by Advocate Andy Mothibi, is mandated to investigate serious allegations of corruption, malpractice and maladministration in state institutions. The SIU also works to recover funds lost by the state as a result of corruption.
While the SIU does not have the mandate or power to arrest individuals, its reports are often used by prosecutors when pursuing charges against people accused of corruption. The SIU has the power to subpoena witnesses, bank statements and cellphone records, search for and seize evidence, interrogate witnesses under oath, and litigate on behalf of the state.
The R360 million Medicare24 tender was investigated by the SIU and is now before the Pretoria Magistrates’ Court for prosecution.
Independent Police Investigative Directorate (IPID)
Often confused with IDAC, IPID’s mandate is to conduct independent, impartial and quality investigations into offences allegedly committed by members of the South African Police Service (SAPS) and Metro Police Services. IPID investigators would lead investigations against accused officers and hand the docket over to the NPA for prosecution.
While IPID’s role has not been explored extensively at the Madlanga Commission, its investigation into the suspended Ekurhuleni Metro Police deputy chief has been examined.
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