LISTEN: Legislation change needed for Hawks to help SIU, says Batohi

LISTEN: Legislation change needed for Hawks to help SIU, says Batohi

Head of prosecutions Shamila Batohi has told Parliament that there is a need for a change in legislation to allow the Hawks join the Special Investigative Unit (SIU) in the early stages of investigations.

Shamila Batohi
The Presidency

Batohi was briefing the Standing Committee on Public Accounts on cases referred to the National Prosecuting Authority (NPA) by the SIU.

She told MPs the SIU referrals to the NPA are not trial-ready.

“It is important to note that the referrals from the SIU, are matters that in terms of the SIU Act, they are required to refer matters to the NPA. That is something we have to look at changing in terms of the legislation because the NPA doesn’t do criminal investigation, although now with the recent proclamation of the ID, they do have the mandate to investigate some cases. But most of the matters that are referred to the NPA create an impression that they are ready for prosecution, and that the NPA must now prosecute, but that is not the case,” she said.

She said the NPA still face some challenges.

“We still certainly face challenges including the currently legal framework relating to the ID, lack of specialized resources in the NPA ,and we really need to look at moving faster to the point where we have a full and effective prosecution led model in terms of dealing with high profile and complex corruption matters.


“We also need to be bold and innovative in terms of how we get resources in to the law enforcement space, and the skills to be able to do what we need.”


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