NPA Lacks Capacity for Complex Cases

Statement by Adv. Glynnis Breytenbach MP – DA Spokesperson on Justice and Constitutional Development:

Minister of Justice and Constitutional Development, Mmamoloko Kubayi stated at the Black Business Council Annual Summit on 12 August 2026 that “if evidence is available suggesting a need to replace IDAC with a more capable institution (such as the DA’s Anti-Corruption Commission) she will consider proposals for the replacement of IDAC with a new body”.

So herewith we provide the evidence:

• IDAC lacks the independence to prosecute corruption: the alleged influence wielded over Andrea Johnson serves as an example. This was foreseen by the Constitutional Court in Glenister, and measures to remedy this were ordered.
• The NPA does not have the capacity to prosecute complex cases, as showcased by the clear lack of successful prosecutions of state capture and organised crime.
• This has a detrimental knock-on effect on all prosecutions.

If one bears in mind the extreme evidence exposing the capture of IDAC on live television, then the ROT within the NPA and their total lack of capacity, the conclusion is ineluctable that something needs to change.

The DA’s Anti-Corruption-Commission (Scorpions 2.0) Bill will create an independent corruption-busting body with the power to investigate and prosecute corruption. It will operate free from any form of political influence, similar to a Chapter 9 institution, and cannot be disbanded by a simple majority as the Scorpions were, and IDAC should be.

The DA will approach the Minister for a meeting to discuss solutions.