South Africa’s new evidence-sharing rule to aid corruption investigations

South Africa’s new evidence-sharing rule to aid corruption investigations

August 6, 2020, Global Investigations Review

Benjamin Haley and Ahmed Mokdad are quoted in Global Investigations Review regarding a change to South Africa’s evidence-sharing rule to aid corruption investigations.

Mr. Haley says a defendant in a criminal case could potentially raise due process concerns about how the commission had obtained its evidence.

Mr. Mokdad adds that a rule change also allows ex-commission staff, which includes private sector lawyers, to work for the NPA, which was not previously allowed, could go a long way to improving the agency’s ability “to bring strong cases.”

When discussing the Zondo Commission regulations, Mr. Haley says, “You should assume foreign authorities are watching public hearings.” He adds that companies looking to earn cooperation credit from U.S. authorities in U.S. foreign corruption cases may want to “quicken the pace of disclosure” if allegations are likely to surface at a South African public inquiry.