Calls grow for financial independence of the NPA as DA and LSSA push reform

The Democratic Alliance and the Law Society of South Africa have renewed calls for the National Prosecuting Authority (NPA) to be granted financial independence, arguing legislative and administrative reforms are needed to strengthen the institution’s capacity and autonomy.

Who is asking for change and why

The DA’s justice spokesperson and chief whip, Glynnis Breytenbach, said the party has written again to the Minister of Justice and Constitutional Development, Mmamoloko Kubayi, seeking action after previous requests went unanswered. Breytenbach said the follow-up letter was prompted by the Standing Committee on Appropriations report recommending a review of the NPA’s budget and consideration of a separate budget vote for the NPA.

What the DA wants

The DA asked Minister Kubayi to initiate legislative and administrative processes to establish a separate budget vote for the NPA and to engage with the Minister of Finance and National Treasury to enable direct appropriation of funds to the prosecuting authority. They also want amendments to the NPA Act and other relevant legislation to provide for the NPA’s financial and administrative autonomy, a clear implementation plan with timelines for full fiscal independence, and reporting to Parliament on steps taken to strengthen institutional independence.

DA’s stated benefits

• Fill vacant prosecutor positions

• Provide training for new entrants

• Retain experienced prosecutors

Breytenbach said these measures would increase capacity at the NPA to convict criminals and keep South Africans safe.

Responses from the minister’s office and the NPA

Spokesperson to Minister Kubayi, Palesa Rammitlwa, said MPs are aware of parliamentary accountability processes and that the issues raised by the DA will be addressed through appropriate parliamentary processes when Breytenbach appears before the Portfolio Committee. Rammitlwa said “Parliament operates in accordance with rules and procedures that all members are required to abide by and respect.”

NPA spokesperson Kaizer Kganyago said Advocate Jan Lekgoa Mothibi raised the issue of independence in March during his first address as National Director of Public Prosecutions. Kganyago said Mothibi indicated the legislation should be taken through processes with the aim of having the NPA become a Schedule 3 organisation under the Public Finance Management Act (PFMA) and that “the process is already in motion.” Kganyago added that autonomy would have many positives.

Law Society of SA’s view

LSSA spokesperson Isabel Joubert said the independence and institutional capacity of the NPA are “of paramount importance to the protection of the rule of law.” She noted that the NPA is constitutionally mandated to institute criminal proceedings on behalf of the State and occupies a central role in accountability, combating crime, safeguarding constitutional rights and advancing access to justice.

Joubert said that institutions with constitutional and statutory mandates must have access to adequate resources and a degree of financial autonomy, and that the recommendation to review the NPA’s funding model and consider a separate budget vote warrants serious consideration. She said reform could allow the NPA to invest in legal education and training, expand recruitment, improve retention and attract skilled professionals, while strengthening oversight and accountability.

Background

The NPA currently operates within the Department of Justice, where the department’s director-general is the official accounting officer. The question of the NPA’s financial and operational independence has been raised previously, including by former NPA head Shamila Batohi during parliamentary testimony.

What comes next

The DA has requested that Minister Kubayi start the legislative and administrative work needed to create a separate budget vote and that Parliament be kept informed of progress. According to the NPA, work towards fiscal autonomy is under way and will require formal processes through legislation and government finance channels.

Key voices quoted:

• “If the NPA has control over its own budget, it can finally fill vacant prosecutor positions, provide training for new entrants and keep experienced prosecutors around. This will increase capacity at the NPA to convict criminals and keep South Africans safe.” Glynnis Breytenbach

• “The process is already in motion.” Kaizer Kganyago, NPA spokesperson

• “Financial independence is an important consideration in ensuring that an institution can plan strategically, respond to operational demands, and implement long-term capacity-building initiatives without undue constraints.” Isabel Joubert, LSSA spokesperson