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Removing Prasa rot is a massive undertaking, but investigations advanced, says SIU

Removing Prasa rot is a massive undertaking, but investigations advanced, says SIU
A girl sits on the disused Prasa train tracks in Philippi station on the Central Line in Cape Town. (Photo: Brenton Geach)
Suné Payne
By Suné Payne
31 Oct 2022
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The Special Investigating Unit says it is finalising criminal, disciplinary and civil litigation referrals at the country’s rail agency. Prasa faces another commission of inquiry following recommendations by the Zondo commission.

‘We confirm that certain matters were completed in 2021 and currently all 27 matters are now completed. We are in the process of finalising the criminal, disciplinary and civil litigation referrals,” said the Special Investigating Unit (SIU) in response to queries related to the Passenger Rail Agency of South Africa (Prasa).

The SIU told Daily Maverick that memoranda of closure and its Presidential Report were also being completed. The report would be submitted for review in November and then submitted to the Presidency. 

prasa rot A girl sits on the disused Prasa train tracks in Philippi station on the Central Line in Cape Town. (Photo: Brenton Geach)



In August 2019, a proclamation was issued by President Cyril Ramaphosa calling for the SIU to investigate serious maladministration in Prasa’s affairs; improper or unlawful conduct by employees and officials of Prasa; intentional or negligent loss of public money or damage to public property, and unlawful appropriation or expenditure of public money or property. 

The SIU had to investigate these issues between 1 January 2010 and the date of the proclamation, 13 August 2019.

Zondo recommendations


Making remarks specific to Prasa during his response to the recommendations of the Zondo commission of inquiry, President Ramaphosa said he would wait for the SIU and investigations by the Hawks, as well as a review by the Prasa board.

Initially, Chief Justice Raymond Zondo said a new commission should be held to find out why and how Prasa was allowed to slide into almost total ruin.

Vandalism, theft of infrastructure, loss of revenue and corrupt contracts have kept Prasa in the headlines since 2010.

Read more in Daily Maverick: “Chief Justice calls for special commission to investigate Prasa’s implosion”

“A determination will be made on whether these processes have sufficiently addressed the matters raised by the (Zondo) commission and whether a Commission of Inquiry would serve that purpose,” reads the Presidency’s response to the Prasa-related recommendations.

Further, the Presidency said a proclamation would be issued to “broaden the scope and set timeframes for an expanded SIU investigation into Prasa based on the evidence before the State Capture Commission”.

The initial recommendations on Prasa were wide ranging: apart from the additional commission of inquiry, there were calls for investigations and prosecutions relating to the Swifambo and Siyangena deals, and for all Hawks investigations related to Prasa to be finalised as soon as possible.

It’s also recommended that the NPA “immediately appoints a team that would oversee the investigations and prosecution of those suspected of committing criminal offences in respect of wrongdoing at Prasa”.

Read more in Daily Maverick: “NPA mum on appointment of special team to investigate wrongdoing at Prasa”

Forensic investigations commissioned


“Prasa will cooperate and continues to cooperate with the ongoing investigations mentioned by the President, and plead that we allow the SIU and the Hawks to conduct their work without any fear, favour or prejudice,” said Prasa spokesperson Andiswa Makanda.

The Prasa board and management have implemented some of the recommendations of the various reports — including the Public Protector’s Derailed report, the Zondo commission report and the SIU and Auditor-General (AG) reports, said Makanda.

“The implementation of the recommendations are at various stages,” she said.

Makanda said that after the AG’s reports into irregularities and referrals to the SIU, the SIU recommended 44 employees be disciplined and undergo consequence management.

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“Of the 44, 11 resigned,” said Makanda, adding that “currently 33 employees are undergoing disciplinary action and consequence management… and these processes are at different stages”. 

There are six active cases at Prasa, said Makanda.

In the Siyangena contract, three executives were identified for criminal investigation and “that process is still ongoing”. 

On the Derailed report by the Public Protector, Makanda said four senior managers were dismissed, “but the CCMA reinstated three of them”.

From the second Derailed report, two senior managers were dismissed and they “did not challenge their dismissal”.

“Since the appointment of the board, several forensic investigations have been commissioned… details of the investigations currently under way will be made available at an appropriate time and platform,” said Makanda. DM

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