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The Commission made 27 recommendations regarding the recovery of proceeds of crime and legal steps to be taken by certain entities themselves to recover funds.
Responsible to implement:
• Law enforcement agencies
Actions on recommendations
The Commission’s recommendations for recovery of monies and assets are receiving priority attention from the NPA’s Asset Forfeiture Unit, the SIU and SARS.
Progress as at November 2023
Freezing orders of R14.18 billion have been granted to NPA for state capture related cases. R5.4 billion has to date been recovered and returned to the state.
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Delinquency proceedings be considered against SOE board members and employees implicated in wrongdoing.
Responsible to implement:
• Department of Public Enterprises
Actions on recommendations
The Department of Public Enterprises is working to identify and launch delinquency proceedings against former board members of SOEs which fall under their mandate, including Eskom, Transnet, Denel and Alexkor.
Progress as at November 2023
Cases have been compiled against 73 directors. The DPE expect to have concluded these investigations by December 2023.
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The Commission made 202 recommendations with respect to criminal investigation and possible prosecution of individuals, entities and named groups of people.
Responsible to implement:
• Law enforcement agencies
Actions on recommendations
The recommendations are directed to law enforcement agencies, in particular, the South African Police Service (SAPS), its Directorate for Priority Crime Investigation (DPCI), the National Prosecuting Authority (NPA) and its Investigating Directorate (ID).
Progress as at November 2023
There are 9 cases in court related to Commission recommendations, involving 47 accused people and 21 companies. Two cases have been finalised, both delivering guilty verdicts. Click here for details on these cases.
SCC recommendations court cases and mattersPart , Volume 1, Page 90,93,94
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Three recommendations arising from the Commission’s investigation into the Vrede Dairy Project in the Free State called for independent investigation of abuses and non-responsiveness or inaction by the South African Police Service.
Responsible to implement:
• Independent Police Investigating Directorate
Actions on recommendations
These matters have been referred to the Independent Police Investigating Directorate (IPID), which has assigned a team of investigators to deal with these allegations.
Progress as at November 2023
The IPID investigation is on-going.