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She expressed hope that the Nigerian pastor could be returned to South Africa if the NPA's appeal is successful.
National Director of Public Prosecutions (NDPP) Shamila Batohi. Picture: Gallo Images / Phill Magakoe
National Director of Public Prosecutions (NDPP) Shamila Batohi says the National Prosecuting Authority (NPA) is committed to bringing back Nigerian pastor Timothy Omotoso and the Gupta brothers to face justice.
Batohi appeared before Parliament’s Standing Committee on Public Accounts (Scopa) on Wednesday, where she faced tough questions about the NPA’s performance in handling high-profile corruption and criminal cases.
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The failure of the South African government to secure the extradition of Atul and Rajesh Gupta from the United Arab Emirates (UAE) continues to cast a shadow over the NPA’s efforts to prosecute state capture cases.
The NPA has also recently come under intense public scrutiny following the acquittal of Omotoso and his two co-accused in a rape trial that spanned eight years.
Gupta brothers’ extradition
During the meeting, Investigating Directorate Against Corruption (IDAC) head Andrea Johnson rejected any suggestion that the South African government had mishandled previous efforts to bring the Gupta brothers back to the country to face several charges.
She explained that the government has yet to receive a response from the UAE clarifying the reasons for the extradition request being denied.
“When the UAE decided not to extradite the Guptas, we wrote to them; 12 note verbales later, we still don’t have any response from the UAE about why the extradition failed. Safe to say that they have asked us to resubmit,” Johnson said.
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“How do you resubmit when you’ve submitted a full set of papers that have been properly checked, even by themselves?”
“It does put you in somewhat of a predicament – do you send these papers so that they are a so-called ‘failed attempt’ again?”
Johnson confirmed that a new extradition request would be submitted for the Gupta brothers to the UAE.
“We’ve taken a decision to submit new applications with additional matters. The country also can’t wait while the NPA has to follow legal processes.”
“So, having taken that into account, the public interest, and the interest of justice, we’ll submit new applications not just on the Estina and Nulane matters. We’re going to apply for extraditions in relation to other state capture matters.”
Watch the meeting below:
The Gupta brothers, who were arrested in Dubai in 2022, stand accused of playing a central role in state capture during former president Jacob Zuma’s tenure.
One of the key cases in which they are implicated is the Nulane Investment fraud case and Vrede Dairy Farm matter.
Batohi explains NPA’s appeal on Omotoso
Later in the meeting, Batohi told the committee that while the NPA is appealing Omotoso’s acquittal, the process could take years.
She also downplayed public concern following Omotoso’s deportation last month.
The NDPP explained that if the televangelist had remained in South Africa as a free man, it could have further distressed his victims, who have already expressed their disappointment with the outcome of the trial.
“The fact that he has had to flee from South Africa means he has not been able to live his life the way that he would like to.”
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Batohi expressed hope that Omotoso could be returned to face justice if the appeal is successful.
“Nigeria is a country that we do have an extradition treaty with, and they are also multi-lateral treaties that we can draw on to hopefully bring him back when we do.”
“We have been successful with many extradition applications across the world. The UAE is the one that sticks out, and we have had challenges with that.”
She added that the NPA would await the outcome of the appeal process.
Batohi defended the institution, urging the public “not to lose faith” in the country’s prosecutorial system amid growing criticism of the NPA’s handling of high-profile cases – the corruption case involving former Cabinet minister Zizi Kodwa.
