Fire them all and start over

DA MP and former prosecutor Glynnis Breytenbach said that fixing the NPA and the Police will require bold action, including the firing of all compromised employees.

She shared her views on the way to restore a functioning police service and prosecuting authority in a discussion with Biznews founder Alec Hogg.

The interview focused on the Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System.

Better known as the Madlanga Commission, it laid bare the widespread corruption and malfeasance in South Africa’s criminal justice system.

Witnesses provided details about a criminal syndicate which has infiltrated politics, the South African Police Service (SAPS), intelligence, and the justice system.

Top politicians, including Police Minister Senzo Mchunu, are accused of interfering with investigations and working with criminals.

There are serious concerns that a large number of police officers and NPA employees have been compromised.

Breytenbach, the Democratic Alliance’s spokesperson on justice, said the commission is shining a light on the widespread corruption in the criminal justice system.

She highlighted that widespread corruption in the police and NPA has been ongoing for over 15 years. The only difference is that it is now under the spotlight.

Breytenbach, who sits on Parliament’s Ad Hoc Committee, said they have until the end of November to make recommendations on how to fix the system.

This differs from the Madlanga Commission, which reports to President Cyril Ramaphosa, and can take much longer to effect change.

The whole system is rotten

Breytenbach told Biznews that South Africa needs to fix the criminal justice system, which everyone knows is broken.

“The public needs to understand that corruption has become systemic. It’s not a few bad apples. It’s the tree, the soil, the watering system. It is all poisoned,” she said.

She highlighted that most prosecutors, police officers, and judges go to work every day and do their best under challenging conditions.

“However, there’s an element of corruption that’s insidious and growing bolder. It’s not new, but it’s stronger now,” she said.

She explained that the police’s top ranks are either lame ducks or outright compromised. “That’s not just dangerous, it’s unsustainable,” she said.

Breytenbach added that the NPA has deteriorated so much that she cannot think of one major organised crime or corruption case that has been successfully prosecuted in the last decade.

She said she was fired from the NPA in 2012 for doing her job. “I’d rather be out than dishonest,” she said.

“When I left the NPA, capture was about nine or ten out of ten. Today, it is maybe eight. It is still bad and still systemic,” she said.

She argues that this is a perfect opportunity to shine a light on endemic corruption in the criminal justice system.

“It’s the abscess finally bursting. If we use this moment wisely, we can clean it out and start again,” she said.

However, cleaning up the South African Police Service and the National Prosecuting Authority will not be easy or gentle.

“You can’t fix the rot gently. You’ve got to fire them. Start over. There’s no nice way,” she told Biznews.

Breytenbach said it will require bold action, leadership, and determination from the top leaders at the NPA and the police.

“Yes, there’ll be consequences, there’ll be litigation, but it’s worth it. The alternative is worse — the rot keeps spreading,” she said.