Outgoing NDPP Shamila Batohi has defended the NPA, saying the institution's successes outweigh its setbacks.
With National Director of Public Prosecutions (NDPP) Shamila Batohi set to retire in January 2026, questions are mounting over whether her successor can restore public confidence in the National Prosecuting Authority (NPA) after a string of high-profile setbacks in 2025.
Batohi, who has led the NPA since February 2019, has faced persistent criticism as several major cases collapsed under her watch.
This year alone saw several significant losses.
NPA’s 2025 major losses
In April, Nigerian pastor Timothy Omotoso and his two alleged recruiters, Zukiswa Sitho and Lusanda Sulani, were acquitted of a wide range of charges, including racketeering, human trafficking, rape, and sexual assault, after an eight-year trial.
The judge ruled that the state had failed to prove its case beyond a reasonable doubt, prompting public outrage and renewed scrutiny of the NPA’s prosecutorial capacity.
The NPA is appealing the Omotoso judgment.
The institution also came under fire when Moroadi Cholota’s extradition from the United States (US) was declared unlawful.
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Cholota, former personal assistant to ex-Free State premier Ace Magashule, was among 18 co-accused in the R255 million asbestos corruption case.
While initially facing corruption, fraud, and money-laundering charges, the state dropped the fraud and money-laundering counts.
On 3 June, the Free State High Court ruled it lacked jurisdiction to try Cholota on corruption charges, effectively freeing her despite allegations that she facilitated bribes on behalf of Magashule.
The trial is scheduled to resume on 26 January 2026.
Other setbacks
Further criticism followed the dropping of corruption charges against former Cabinet minister Zizi Kodwa in 2024.
The state had accused Kodwa of receiving R1.6 million in payments and luxury accommodation from former EOH Group executive Jehan Mackay between 2015 and 2016.
At the time, Kodwa was the ANC national spokesperson.
READ MORE: Batohi not worried about Omotoso’s deportation as NPA plans to bring Gupta brothers back to SA
The NPA’s struggles are compounded by its failure to secure the extradition of Atul and Rajesh Gupta — central figures in state capture during former president Jacob Zuma’s tenure — from the United Arab Emirates (UAE).
Arrested in Dubai in 2022, the brothers remain beyond South Africa’s reach after an extradition request was rejected in 2023.
The Guptas are implicated in several high-profile corruption cases, including the Nulane Investment fraud and the Vrede Dairy Farm scandal.
Batohi defends NPA
Despite mounting criticism, Batohi has repeatedly defended the NPA, insisting that claims of systemic failure are exaggerated.
Speaking to Parliament last month, she argued that the institution’s successes outweigh its setbacks.
Batohi highlighted progress, such as the full establishment of the Investigating Directorate Against Corruption (Idac) and improved capacity within the NPA.
READ MORE: The battle for justice: NPA’s future hangs in the balance
She also emphasised the challenges posed by a lack of specialised skills in complex prosecutions, particularly those linked to state capture.
Even when convictions are achieved, Batohi argued, they tend to target individuals rather than institutions, leaving systemic corruption largely intact and vulnerable to exploitation by “new crooks”.
NDPP interviews
Interviews for Shamila Batohi’s successor took place between 10 and 11 December in Pretoria.
Six candidates were shortlisted for the position, including Idac head Andrea Johnson, former NDPP Menzi Simelane, Advocate Nicolette Bell, former Investigating Directorate head Hermione Cronje, Advocate Xolisile Khanyile, and Advocate Adrian Mopp.
As the NPA approaches a leadership transition, the question remains whether the next NDPP can reverse public perception and rebuild confidence in South Africa’s top prosecuting authority.
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