Calls for an independent probe into South Africa’s justice system

Calls for an independent investigation into alleged interference in South Africa’s justice system are growing as legal scrutiny intensifies around former Prasa Group chief executive Lucky Montana.

The Special Investigating Unit (SIU) has moved to freeze luxury properties linked to Montana over alleged irregularities involving multibillion-rand rail contracts. This has renewed attention on other individuals named during the State Capture Inquiry who have not yet faced prosecution.

Durban businessman Roy Moodley was mentioned repeatedly in evidence before the Zondo Commission concerning Prasa tenders.

While Montana has become the subject of extensive civil recovery proceedings, Moodley has continued with his business activities and entered politics as president of the African Movement Congress.

Critics argue that the contrast points to deeper problems within South Africa’s law-enforcement and prosecutorial institutions. They allege, without any court findings, that senior police and prosecutorial officials may have been improperly influenced.

They point to testimony before the Madlanga Commission of Inquiry, which is investigating alleged criminal infiltration of the police. This includes claims that suspended deputy national police commissioner Lieutenant General Shadrack Sibiya received large cash payments and that certain investigations were redirected or stalled.

Separately, allegations were made against Gauteng Director of Public Prosecutions Advocate Andrew Chauke, who was suspended pending a fitness-to-hold-office inquiry.

The inquiry, chaired by retired Constitutional Court Justice Bess Nkabinde, cleared Chauke of all allegations and found no evidence of misconduct.

Some commentators have questioned why certain referrals arising from the Zondo Commission have not resulted in prosecutions and have called for an independent judicial investigation.

They argue that public confidence in the justice system depends on an impartial inquiry into whether political influence or personal relationships have compromised the independence of the South African Police Service (SAPS), the Hawks, or the National Prosecuting Authority (NPA).

Durban businessman Roy Moodley was mentioned repeatedly in Zondo Commission evidence concerning Prasa tenders.