Open Secrets NPC V National Head: Directorate for Priority Crimes Investigation and Others
Case: Open Secrets NPC V National Head: Directorate for Priority Crimes Investigation and Others (066038/2025)
Court: High Court of South Africa, Gauteng Division, Pretoria
Date of hearing: TBC
Status: Ongoing
Last updated: 26 May 2026
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Case overview: Power Law Africa (South Africa) represents Open Secrets NPC, a non-profit organisation that undertakes investigative research to work towards accountability for economic crimes and social injustice, in a review application instituted at the Pretoria High Court.
The application seeks to review the failure of the Directorate of Priority Crime Investigation (Hawks) and the National Prosecuting Authority (NPA) to finalise their long-standing investigations into corruption at the Passenger Rail Agency of South Africa (PRASA). More specifically, their investigations into PRASA’s procurement process that led to the award and conclusion of contracts with Siyangena Technologies (Pty) Ltd and Swifambo Rail Leasings (Pty) Ltd.
Open Secrets has asked the court to declare invalid and unlawful both the delay in finalising the investigations by the Hawks and the NPA, and the related failure by the NPA to decide whether or not to prosecute persons implicated in the award and conclusion of the aforementioned contracts. It has also asked the court to direct the Hawks and the NPA to complete their investigations without further delay.
The founding affidavit details the extensive history into investigations concerning the award of the contracts, including evidence placed before the Zondo Commission, reports by the Auditor General, a report by the Public Protector, and findings by the Supreme Court of Appeal that certain persons acted corruptly on the civil standard. In 2021, Lieutenant General Lebeya of the Hawks stated before the Zondo Commission that the investigation into Swifambo was 90% complete and into Siyangena was 75% complete. To date, it is unclear why the NPA and Hawks have not finalised its investigations.
Prior to launching the case, Open Secrets made repeated attempts to engage with the NPA, including the NPS, the Hawks, and PRASA on the stagnation and formally requested reasons, to which no substantive response was provided. Despite the widespread public impact of the corruption at PRASA, the application highlights the failure of the respondents to discharge their constitutional duties and timeously complete investigations into priority crimes – this, Open Secrets contends, obstructs accountability and erodes public confidence.
Advocates Buhle Lekokotla and Uday Naidoo are on brief for Open Secrets in this matter. A press statement released by Open Secrets is accessible here.
High Court papers:
Applicant’s Notice of Motion and Founding Affidavit (13 May 2025) (61mb)
Applicant’s Rule 16A Notice (25 June 2025) (387 kb)
Attorneys:
