UniteBehind: Prasa Swifambo Prosecution Demanded in New NPA Affidavit

• #UniteBehind delivered an affidavit to the NPA, Hawks, and SIU, demanding prosecution for alleged corruption at Prasa.
• The activist group seeks investigation into the R3.5 billion Swifambo locomotive tender, which involved "too-tall trains" and saw R2.65 billion paid.
• Courts in 2017 and 2018 found the Swifambo tender process to be corrupt and fraudulent.
• Despite a 2013 Public Protector report on Prasa corruption, no prosecutions have occurred in the Swifambo or Siyangena matters.
• #UniteBehind has given the NPA 30 days to respond with details of its actions regarding the prosecution demand.

The #UniteBehind Prasa Swifambo prosecution demand highlights a systemic failure to hold perpetrators accountable, despite clear judicial pronouncements and extensive investigative work.

Commuter advocacy organization #UniteBehind recently escalated its long-standing campaign for accountability, submitting a comprehensive affidavit to the National Prosecuting Authority (NPA) offices in Cape Town. This critical document, also delivered to the Directorate for Priority Crime Investigation (the Hawks) and the Special Investigating Unit (SIU), explicitly calls for immediate investigation, subpoena issuance, and prosecution of individuals and entities implicated in widespread corrupt procurement practices at the Passenger Rail Agency of South Africa (Prasa). The group's director, Zackie Achmat, urges authorities to treat the alleged misconduct not as isolated incidents but as the operations of an "organised criminal enterprise."

The #UniteBehind NPA affidavit specifically targets the notorious Prasa R3.5 billion locomotive tender corruption, awarded to Swifambo in 2013. This tender, which saw only 13 of the promised 70 locomotives delivered—locomotives that were infamously "too tall" for the country's rail network—resulted in approximately R2.65 billion being paid to Swifambo before the contract was ultimately halted. The affidavit is bolstered by a forensic report containing detailed bank records that highlight suspicious transaction patterns and suggests specific subpoena actions for the NPA to undertake.

The legal foundation for these demands is robust, stemming from a 2017 Gauteng High Court ruling that unequivocally declared the Swifambo tender process corrupt and fraudulent. This judgment was subsequently upheld by the Supreme Court of Appeal in November 2018, which dismissed Swifambo’s appeal. The High Court's pronouncement that "Corruption is a cancer that is slowly eating at the fabric of our society" underscores the gravity of the malfeasance, echoing the Constitutional Court's warning about the severe threat unchecked corruption poses to a democratic state.

The financial theft associated with this corruption, as highlighted by Achmat, diverted funds intended for crucial infrastructure, rolling stock, signalling, and security. This diversion directly contributed to a catastrophic decline in Prasa's operational capacity and service delivery. Passenger numbers plummeted dramatically from a peak of 54 million monthly trips in 2008/09 to a mere 1.7 million per month between January 2021 and June 2022. The affidavit cites the closure of the Central Line in Cape Town, which serves some of the city's most vulnerable communities, for years, leading to increased violent crime for commuters and widespread stripping of unguarded infrastructure. The ongoing, slow, and partial recovery efforts are now being funded for a second time from public coffers.

The current demand for prosecution comes more than a decade after the initial exposure of widespread corruption and maladministration at Prasa. In 2013, then-Public Protector Thuli Madonsela's "Derailed" report brought to light significant irregularities during the tenure of former CEO Lucky Montana. Despite these early warnings and subsequent court findings, a recent hearing by parliament’s Standing Committee on Public Accounts (Scopa) on August 18 this year revealed that no prosecutions have yet occurred in either the Swifambo or the Siyangena matters—another corrupt contract from Montana’s era.

This prolonged lack of action has prompted #UniteBehind to call upon Scopa to convene hearings specifically on the Swifambo case. Furthermore, the activist group seeks an investigation into the conduct of the Hawks, SIU, and NPA themselves, questioning why prosecution has been delayed for over a decade. The #UniteBehind Prasa Swifambo prosecution demand highlights a systemic failure to hold perpetrators accountable, despite clear judicial pronouncements and extensive investigative work.

Upon receiving #UniteBehind's documents, Advocate Tommy Bunguzana, a deputy director of public prosecutions at the NPA, confirmed that the authority would provide a response. Western Cape NPA spokesperson Eric Ntabazalila further clarified that the affidavit would be forwarded to the Director of Public Prosecutions in Pretoria, who would then communicate directly with #UniteBehind. The activist group has set a 30-day deadline for the NPA to detail its planned actions.

In contrast, Prasa spokesperson Andiswa Makanda stated that the agency was "not aware of criminal proceedings" related to Swifambo. Makanda affirmed Prasa's ongoing support for investigations, indicating that the agency provides information as and when requested. This stance, however, does not address the core demand for active prosecution, leaving the onus squarely on the investigative and prosecuting bodies. The renewed pressure from #UniteBehind underscores the long-term risk of accountability for historical malfeasance in public procurement, signaling potential for new investigations or charges against individuals and entities involved in the R3.5 billion locomotive tender, even years after the initial findings.

Lawyers and compliance officers should note the renewed pressure on the NPA, Hawks, and SIU to prosecute the Prasa Swifambo corruption, indicating potential for new investigations or charges against individuals and entities involved in the R3.5 billion locomotive tender, even years after the initial findings. This underscores the long-term risk of accountability for historical malfeasance in public procurement.

Source: Original reporting via GroundUp.