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New head of the Investigative Directorate says no one – state capture masterminds and foot soldiers alike – will be immune
Advocate Hermione Cronje says she is ready for her new role as the person who will ensure those who looted state coffers of billions of rands get locked up.
She will be expected to lead a team of investigators, accountants, auditors, prosecutors and police officers to successfully prosecute those responsible for state capture – but only time will tell if her new unit has sharp teeth.
City Press caught up with the confident Cronje on the sidelines of the briefing where she was officially introduced as the new head of the Investigative Directorate branch of the National Prosecuting Authority (NPA).
Her unit faces the mammoth task of getting the architects and foot soldiers involved in state capture where they belong – behind bars.
“I am acutely aware of the importance of holding accountable those responsible for the state of our institutions, particularly institutions in the security sector [the NPA, the SA Police Service and the State Security Agency] that ought to have brought to book those responsible for the looting we have heard about in the commission of inquiry into state capture led by Deputy Chief Justice Raymond Zondo and in the media,” she said.
Cronje is also aware of the scale of the problem at state-owned enterprises including Eskom, Transnet and the Passenger Rail Agency of SA.
“I am conscious of the need to send a strong message that those who pocket for their own personal gain funds earmarked for the development of our country and for meeting the needs of our people will face the consequences of their actions,” she said, adding that “we will be going after those who were most responsible for the looting”.
Cronje left the NPA in 2011 and was involved in advising several countries, including Kenya and the Ukraine, on how to fight corruption.
“It is interesting that I will now have to implement the advice I was giving them here at home. At first, when I received the invitation to serve, I was less confident about the role, but I have overcome all of that. I am going to give it my best shot and will let the actions speak for themselves,” she said.
Cronje says she is fully aware that there may be resistance from those her unit will target, but she believes her experience, having worked in the Asset Forfeiture Unit when it was following money that had been hidden offshore during the arms deal investigations, will make it easier for her to succeed.
“There are cases that are in court already … we are going to check the charge sheets and make sure that they speak to the case. We are going to make sure that we follow the money and other benefits,” Cronje said, describing some of the work that still had to be done regarding state capture cases, including the Estina dairy scandal.
“We do not want to leave out those who are most responsible … We do not want to claim little victories, and we are fully aware that this is a mammoth task.”
Cronje is not entirely new to the unit she heads.
She was initially approached by NPA head Shamila Batohi to work on a policy framework and help set up the unit that will focus on cases emanating from the Zondo commission of inquiry, as well as the inquiries involving the SA Revenue Service and the Public Investment Corporation.
“After I submitted everything on setting up the unit, I also recommended names of possible heads for the unit. The national director of public prosecutions asked me why I couldn’t lead it and, at first, I was not eager. However, after she managed to convince me, I decided to heed President Cyril Ramaphosa’s Thuma Mina call and took the post.”
She has signed on to lead the unit for five years.
“I am fully aware that ordinary South Africans have very high expectations of us – almost impossible expectations. They are holding out hope that we can bring an end to impunity and finally bring to book those who have so brazenly flouted our laws. I have no doubt that those who are responsible for the state of affairs in our country will not be sitting idly by while we seek to hold them accountable for what they have done, and that any benefits they derived unlawfully are recovered from them.
“I have every expectation that they will continue to seek to avoid accountability for their crimes. They will plot to exploit any weaknesses and vulnerabilities in the system and the people who work in it. There will be much to endure – investigators and prosecutors who were merely trying to do their jobs have had to deal with this in the recent past,” she said.
Cronje says she is “mindful of the need to take swift action in the short term. A lot of work has already been done … to determine the state of affairs with cases already being dealt with by the NPA.”
She says the NPA has already identified the challenges that need to be addressed to make swift progress on these cases.
“In relation to the cases that fall within the mandate of the Investigating Directorate and to meet its case intake criteria, the immediate focus will be on coordinating, overseeing and strengthening our collective capability/capacity to ensure successful investigation, prosecution and recovery of assets.
“Personnel working on these cases will remain part of these teams, provided they agree to subject themselves to enhanced integrity screening, and have the skill and capacity to perform at the required level – and that they want to work in the directorate.”
There is no doubt that the 48-year-old is qualified for the job.
The married mother of two holds a master’s degree in public administration from Harvard University, an LLB from the University of Cape Town, and has completed a diplomatic training programme at the University of the Western Cape in conjunction with Georgetown University and Howard University in the US (December 1993 to March 1994).
She has also completed an undergraduate Bachelor of Arts degree.
In 2012, Cronje was asked by the Tanzanian government to help set up the Asset Forfeiture and Recovery Section (AFRS) in the office of the director of public prosecutions and implemented a longer-term technical assistance programme to support capacity-building in asset recovery.
“I was employed to serve as a mentor to the AFRS over a two-year period, and provided support on the development of a strategic plan and annual implementation. My contract was extended until 2017, when the mentorship was evaluated as a success and a phase two programme was adopted in which I was engaged to provide ongoing support for efforts to improve interagency coordination,” she said.
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