The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has received a report from the Office for Ethics and Accountability (OEA), which have cleared the Director of Public Prosecutions (DPP) for KwaZulu-Natal, Adv. Elaine Harrison, of any wrongdoing in relation to allegations that she had been “captured” by a private businessman.
This report will be submitted to the President in terms of Regulation 17 of the OEA Regulations that states that:
“1. Any complainant lodged with the Office against a National Director or Deputy Director National Director or Director must be reported to the Minister for referral to the President.
2. The President may deal with the matter in accordance with Section 12 (6) of the National Prosecuting Authority Act 32 of 1998.”
The OEA is an internal integrity unit within the National Prosecuting Authority (NPA). On 3 April 2025, the OEA received an anonymous complaint alleging improper interactions between Adv. Harrison and a private businessman.
The complaint claimed that the individual had visited the DPP’s office without following security protocols and further alleged that Adv. Harrison met with him while she was on sick leave. These allegations were subsequently repeated in media reports published in March and April 2025.
In line with Regulation 17, the OEA submitted the matter to the Minister for referral to the President. In terms of the OEA Regulations, where a complaint is lodged against a National Director, Deputy National Director, or Director of Public Prosecutions, the matter must be referred through the Minister to the President for consideration. In her submission, the Minister has informed the President of the complaint and the OEA’s findings, which clear Adv. Harrison and confirm the absence of any evidence indicating misconduct, incapacity, or unfitness for office.
The investigation found no factual basis for the allegations, concluding that the businessman in question never visited the DPP’s offices, as confirmed by access records and security personnel. Cellphone records and supporting documentation further verified that Adv. Harrison was in Empangeni on the day she was alleged to have met him. The businessman denied knowing or ever meeting Adv. Harrison, and the DPP’s staff also confirmed that no interaction took place.
In addition, a related allegation against another official, Adv. Naidoo, was found to be equally unsubstantiated. The OEA therefore concluded that the allegations were baseless and unsupported by any factual evidence. Minister Kubayi reaffirmed government’s commitment to ensuring that allegations against prosecutors are investigated by the OEA and its importance to maintaining the integrity of the NPA.
The OEA is critical in ensuring that all allegations against its members of NPA are investigated fairly, independently, and in accordance with the law.
Media enquiries:
Terrence Manase, Spokesperson to the Minister of Justice and Constitutional Development
Cell: 082 338 6707
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