COSATU is deeply dismayed by the pathetic slap on the wrist conviction and sentencing of a Steinhoff accused

The Congress of South African Trade Unions (COSATU) is deeply dismayed by the pathetic slap on the wrist and sentencing of a Steinhoff co-accused, Dr. Gerhardus Burger, who pled guilty to insider trading and offered to turn state witness in exchange for a five year suspended sentence and a confiscation order of R1.7 million.

It has taken the National Prosecuting Authority (NPA) seven years, and this damp pathetic squib is all they have to show.  Workers and pensioners lost billions in the Steinhoff heist, with the Government Employees Pension Fund said to have been robbed of up to R24 billion.

The leadership of the NPA has for years offered meaningless platitudes to the public that it is busy building a case to ensure justice for the victims of Steinhoff with little to show for their losses and pain.  Whilst the NPA’s leadership has been slumbering their way through life, the perpetrators of the Steinhoff heist, one of the largest financial crimes in South Africa’s history have been allowed to escape justice. 

The consequences of the shameful failure of the NPA to act, are not only felt by the workers and pensioners robbed of their hard-earned savings, but the nation at large.  Treasury and Parliament have moved with speed to address various shortcomings highlighted by the United Nations’ Financial Action Task Force (FATF) in South Africa’s financial and judicial systems that led to our grey listing. 

Workers have paid the price for the nation’s grey listing as international investors, and especially pension funds, are less than excited and often prohibited from investing in economies that are grey listed.  This is a blow to a stagnant economy bleeding jobs and a 42.6% unemployment cannot afford.  Whilst Parliament has made welcome progress resolving legislative gaps, the FATF has been clear that South Africa will remain grey listed until our law enforcement organs are seen to act against those who commit serious financial crimes.

The less than inspiring performance of the NPA should be sounding alarm bells in the Presidency and one would hope, the Ministry of Justice and Constitutional Development.  Cabinet needs to intervene and ensure that in the Medium-Term Budget Policy Statement due to be tabled at Parliament on 30 October, the NPA has all the resources it requires to turn itself around, in particular the filling of prosecutorial vacancies.  The Courts too, need to be given the resources required to end the shocking levels of backlogs and to ensure serious commercial crimes cases are expedited.

It is time however that the President, Cyril Ramaphosa, ask the Head of the NPA, Advocate Shamila Batohi to step down.  She has had six years to build an efficient NPA that will defend ordinary citizens from the likes of the Steinhoff thieves and to ensure justice is done.  Tragically, despite high hopes that accompanied her appointment, the NPA under her leadership has dismally failed.  The NPA needs a leadership with the passion and hunger for justice and the capacity to deliver.  It is clear to all sober persons, that this will not happen under the leadership of Advocate Batohi.

Issued by COSATU

Matthew Parks(COSATU Parliamentary Coordinator)

Cell: 082 785 0687

Email: matthew@cosatu.org.za