'It's not within my powers to prosecute anyone,' Ramaphosa tells MPs

President Cyril Ramaphosa has denied using the National Prosecuting Authority to go after his detractors.

“Some even suggest that the president may be using the prosecutorial agencies against those that they perceive as ... what they call my opponents or enemies. It is not within the power of the president and it shouldn’t be within the power of the president to initiate criminal proceedings against anyone,” said Ramaphosa to a round of applause.

Ramaphosa was replying to the state of the nation address debate at the Cape Town City Hall on Wednesday after his address to a hybrid joint sitting of the National Assembly and the National Council of Provinces last week Thursday.

“Somehow this notion is embedded in the minds of members here, when they look at me they often say, ‘When are you prosecuting all these people?’ I do not prosecute.”

This, he said, was the sole responsibility of the relevant director of public prosecutions.

“It is important that I state this so that this notion that is embedded in our heads should begin to melt away,” he said.

During his address, Ramaphosa threw his weight behind the NPA, saying he would be announcing a new head of the Investigating Directorate after the resignation of Hermione Cronje.

He added that investigators who worked at the state capture commission would be absorbed into the NPA to help it in making the recommended further probes.

“An amendment to the state capture commission regulations in June 2020 empowered the sharing of information between the commission and the law-enforcement agencies. This amendment also permitted the employment of the state capture personnel by law- enforcement agencies,” Ramaphosa said.

Clarifying further, Ramaphosa said: “We are coming from a very broken situation, which we are building up all the time, and not sleeping on the job.”

Where some were determined to create divisions, Ramaphosa said the government was working towards unifying the country in the fight against corruption.

“We have strengthened the ability of the NPA to pursue those responsible for state capture and corruption, rebuilding its capacity and establishing a dedicated unit in the Investigating Directorate,” he said.

Results of a strong and independent NPA were already visible, he said.

Ramaphosa said the task of the executive was to capacitate the NPA and make sure that it has all the resources to prosecute wrongdoing as an independent authority.

“As government, we have supported the state capture [commission] to complete its work and enable the commission to share vast amounts of information with the investigators and prosecutors. We signed regulations to that effect.”

He said disciplinary action is being taken against government officials implicated in procurement irregularities and state agencies have started to recover billions in looted funds.

“This hasn’t often been done in the past but it is happening now. We have put in place capable leadership at previously captured state owned entities and public institutions.”

Furthermore, he said, the government had reversed the decay at the South African Revenue Services (Sars), the Public Investment Corporation (PIC), Eskom and Transnet, among others.

“You may not agree but that is precisely what we have been doing. That, to me, is what progress looks like.”

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