SA cannot have a weak NPA that cannot do its job – Zondo

Former chief justice Raymond Zondo has called for the resourcing of the National Prosecuting Authority (NPA) to ensure it brings those found to be corrupt to book.

The NPA has recently faced criticism after the Gqeberha High Court acquitted Nigerian televangelist Timothy Omotoso and his co-accused, Lusanda Solani and Zukiswa Sitho, of 32 serious charges, including allegations of rape, racketeering and human trafficking, on 2 April.

Judge Irma Schoeman said the state had failed to prove its case beyond reasonable doubt.

Schoeman also criticised the handling of the case by the prosecutors.

“Unfortunately, in this matter, there have been problems, some of which can be classified as unethical conduct or incompetence of the prosecution, even from before the trial commenced, which only came to the fore during the trial,” said Judge Schoeman.

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“The cross-examination of the accused was desultory in the extreme. No thought went into it. Similarly ineffectual and superficial was the cross-examination of accused 2 and 3 that amounted to no cross-examination at all.”

On Tuesday, Schoeman dismissed the NPA’s application for clarification on Omoto’s acquittal.

The NPA has since launched an internal investigation into the conduct of the first team of prosecutors involved in this matter, which began in August 2024, despite allegations of misconduct against the prosecutors surfacing as early as 2021.

Zondo on law enforcement agencies

Addressing the South African Council of Churches conference on Wednesday, Zondo said the fight against corruption could not be won without strengthening the country’s law enforcement agencies.

He addressed the church leaders under the topic, fighting corruption, lessons learned and current dangers.

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He said the Hawks, South African Police Service (Saps), and NPA needed to be strengthened to tackle crime in the country.

“The NPA is critically important in the fight against corruption. We cannot afford to have a weak NPA. We cannot afford to have a weak NPA that cannot do its job. The NPA needs to be given all the resources that it can have in order to play its role in the fight against corruption,” said Zondo.

“But also, it is important that the people at the NPA throughout the country, the prosecutors, be people of integrity. When they decide to charge someone with corruption, we must know that it has nothing to do with anything except a breach of the law. When they say they are withdrawing charges, we must know that it is because, in good faith, they believe they should be withdrawn.”

The Saps has equally received criticism recently following KwaZulu-Natal (KZN) police commissioner Nhlanhla Mkhwanazi’s allegations against his colleagues.

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On Sunday, 6 July, Mkhwanazi alleged that the judiciary and Police Minister Senzo Mchunu, among others, were corrupt and colluding with criminal networks.

Mkhwanazi said an investigation with the Gauteng organised crime investigation unit unmasked a syndicate which involves politicians, law enforcement, metro police, correctional services, prosecutors, the judiciary, and is controlled by drug cartels as well as businesspeople.

Although Mchunu denied the allegations, he has since been placed on a leave of absence.

Corruption and police force

Zondo said the fight against corruption would not succeed without a stronger police force.

“We cannot talk about intensifying or strengthening our fight against corruption or making sure that our fight against corruption is effective without a police force that is able to do its job,” he said.

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“In the early 2000s, we had the Scorpions, which were very effective in fighting corruption. The criminals had begun to fear them. However, at the 2007 ANC elective conference, a resolution was passed to disband them. And they were disbanded.

“The results are there for all of us to see what happened about the levels of corruption, because I don’t believe that the Hawks, which were said to have taken their place, are up to their job.”

President Cyril Ramaphosa has since announced he would establish a judicial commission of inquiry, chaired by Acting Deputy Chief Justice Mbuyiseli Madlanga.

The commission will investigate allegations relating to the infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates.

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