Is the NPA compromised? Shamila Batohi's remarks spark concern

National Director of Public Prosecutions (NDPP) Shamila Batohi's claims that the NPA is infiltrated by corrupt prosecutors, raising serious questions about the integrity of South Africa's justice system, should be a cause for concern for all South Africans, according to political analyst Zakhele Ndlovu.

Batohi made these claims last week, in the wake of criticism directed at the NPA (National Prosecuting Authority), particularly over its handling of a special plea concerning Moroadi Cholota, the personal assistant to former Free State premier Ace Magashule.

This was after the Free State High Court ruled that Cholota's extradition from the US  was unlawful. 

The NPA also faced scrutiny for its handling of the case involving Nigerian pastor Timothy Omotoso, who was recently acquitted in his long-running rape trial. 

Defending the NPA, Batohi claimed that the institution had been compromised by corrupt prosecutors working together with criminals to deliberately sabotage cases. 

These remarks did not sit well with Justice and Constitutional Development Minister, Mmamoloko Kubayi, who last week summoned her to an urgent meeting to discuss the matter. 

President Cyril Ramaphosa also wants to meet Batohi, saying he believed the meeting would allow her an opportunity to vent and lay her cards on the table.

Ndlovu, a political science lecturer at the University of KwaZulu-Natal said Batohi’s comments were very concerning, adding that it was an open secret that there are questions over the credibility of the NPA . 

He said  Batohi knows what is  wrong within the institution and although she had changed her description of the chaos at the NPA from "infiltration" to "sabotage", it did not change the fact that there is a crisis in the prosecutorial body.

"The (justice minister) summoned Batohi (to a meeting) because her comments were a poor political reflection. 

“Batohi made promises when she was appointed but one reason she has failed is because the NPA has been compromised, and another reason is because of infiltration,” said Ndlovu. 

Another political analyst, Professor Sipho Seepe, believes Batohi was set up politically. 

“A series of bungling gives credence that the NPA has deviated from its mandate of ensuring that it conducts its affairs without fear, favour, or prejudice. In a way, Batohi has arguably been set up. She was probably given the suspects before the alleged crimes were investigated. This is what happens when you have a trial by the media.”

“The likes of Matshela Koko, Brian Molefe, and Siyabonga Gama have already been found guilty by popular opinion. This has placed too much pressure on Batohi. We have seen this play itself out in the case of Duduzane Zuma, who had for months been branded a fugitive from justice.

"When he came to bury his brother, he was arrested and treated like a violent criminal only for the case to be thrown out," said Seepe adding that the NPA has demonstrated an eagerness to prosecute frivolous cases and ignore findings that involve politically connected individuals.

NPA spokesperson Mthunzi Mhaga did not respond to questions on Batohi's comments.

Meanwhile, the EFF and MK Party want Batohi to appear before Parliament to explain her remarks. 

The EFF last week wrote to National Assembly Speaker Thoko Didiza, requesting an urgent debate on what it believes is an institutional crisis at the NPA. 

The party said any assertion from Batohi that the NPA has been infiltrated should send shockwaves throughout every organ of the state. 

manyane.manyane@inl.co.za