SCOPA: PRASA State Capture Prosecution Delay Highlights Lack of Progress

• A recent parliamentary hearing revealed no prosecutions have been initiated for the R6-billion Swifambo and Siyangena PRASA state capture contracts, despite allegations surfacing in 2015.
• The Hawks report that these cases remain under investigation, with delays attributed to the non-appointment of forensic firms.
• Civil society group #UniteBehind has campaigned since 2017, submitting extensive evidence and demanding accountability, but has received no official response to recent calls for action.
• SCOPA has a history of inaction on PRASA matters, failing to summon key figures or pursue resolutions for delinquent-director proceedings and parliamentary inquiries.
• Despite numerous reports from the Public Protector, Auditor-General, National Treasury, and the Zondo Commission detailing extensive evidence and recommending criminal charges, South Africa state capture accountability remains elusive for PRASA.

The persistent lack of prosecutions for significant state capture cases at PRASA cannot be attributed to a scarcity of evidence; in fact, there is an abundance of documented findings.

A recent parliamentary hearing on August 18, 2026, highlighted the ongoing lack of progress in prosecuting key state capture cases involving the Passenger Rail Agency of South Africa (PRASA). During a Standing Committee on Public Accounts (SCOPA) session, which included representatives from the Special Investigating Unit (SIU), the Hawks, and the National Prosecuting Authority (NPA), a critical question was posed by chairperson Songezo Zibi regarding the Swifambo and Siyangena contracts. These two agreements, collectively valued at over R6 billion, are considered central to the allegations of state capture at PRASA.

Despite their significance, the response from authorities indicated that no prosecutions have been initiated in either the Swifambo or Siyangena matters. The Hawks reported that these cases remain under investigation, attributing delays to the non-appointment of necessary forensic firms, with their procurement currently stalled at the bid adjudication stage. These specific allegations of corruption within PRASA first entered the public domain in 2015, underscoring a prolonged SCOPA PRASA state capture prosecution delay.

The only PRASA-related conviction the SIU could reference was that of Daniel Mthimkhulu, who is currently incarcerated for misrepresenting his qualifications as a doctor of engineering. Mthimkhulu was responsible for signing off on locomotives that were too tall for South Africa's rail infrastructure. However, his imprisonment is for fraud related to his credentials, not for the financial malfeasance associated with the broader state capture allegations. The entire discussion concerning the Swifambo and Siyangena PRASA contracts during the parliamentary hearing lasted a mere 13 minutes.

The civil society organization #UniteBehind PRASA has been actively campaigning against state capture at the rail agency since July 2017. Over this period, the group has consistently engaged with parliamentary oversight bodies, including writing to every SCOPA chairperson, submitting extensive research and court documents, and formally requesting opportunities to present their findings. Their efforts culminated in a specific set of demands issued on August 3 of the current year, accompanied by a deadline that subsequently passed without any official response. The organization plans to make one final submission in September.

While SCOPA faces a considerable workload addressing malfeasance across various state entities, its record regarding PRASA accountability is not without criticism. Other parliamentary bodies have demonstrated even greater reluctance to pursue justice. The Portfolio Committee on Transport, for instance, spent 2017 and 2018 targeting lawyers who exposed corruption rather than the perpetrators themselves. Its chairperson later admitted to the Zondo Commission that she had "toed the party line" when an inquiry was proposed. Similarly, the Joint Ethics Committee has deferred action on complaints against six Members of Parliament implicated in PRASA irregularities since 2022, compelling #UniteBehind into three years of litigation in the Western Cape High Court against what they describe as Parliament's "trench lawfare."

SCOPA itself has a history of inaction on PRASA matters. In November 2016, an ANC member reminded the committee of its power to summon former PRASA CEO Lucky Montana, a power that was never exercised. Furthermore, in February 2020, the committee resolved to initiate delinquent-director proceedings against former PRASA boards and to conduct a full parliamentary inquiry, yet neither of these actions materialized. Crucially, SCOPA has never summoned any of the individuals identified by the Public Protector, National Treasury's forensic investigators, the courts, or the Zondo Commission as central figures in the alleged looting, including Sfiso Buthelezi, Lucky Montana, Makhensa Mabunda, Roy Moodley, and Mario Ferreira. Remarkably, two of these individuals were Members of Parliament, present in the very institution while SCOPA was hearing evidence pertaining to them.

The persistent lack of prosecutions for significant state capture cases at PRASA cannot be attributed to a scarcity of evidence; in fact, there is an abundance of documented findings. The Public Protector's comprehensive "Derailed" report, which detailed widespread irregularities, was released as early as 2015. Concurrently, the Auditor-General has consistently reported tens of billions of rands in irregular, fruitless, and wasteful expenditure at PRASA on an annual basis, highlighting systemic financial mismanagement.

Further compounding the body of evidence, National Treasury commissioned thirteen different firms to investigate various PRASA contracts. These investigations yielded reports that explicitly recommended criminal charges against both the former board chairperson and the former CEO. However, to the knowledge of #UniteBehind, these critical reports have never been formally presented before SCOPA. Additionally, Werksmans conducted an investigation into more than sixty contracts, with the cost of this inquiry becoming a subject of parliamentary debate, while the findings themselves were neve.

This article underscores the systemic challenges in achieving accountability for state capture at PRASA, despite extensive evidence. Lawyers advising clients on public procurement, corporate governance, or engaging with state-owned entities should be aware of the prolonged delays in prosecution and the difficulties in compelling parliamentary oversight, which may impact risk assessments and litigation strategies.

Source: Original reporting via Daily Maverick