Batohi clarifies NPA infiltration claims to justice minister amid criticism

National Director of Public Prosecutions (NDPP) Shamila Batohi has come under scrutiny after alleging that the National Prosecuting Authority (NPA) has been “infiltrated” by rogue elements.

Batohi made the claims during recent interviews this week although she denied any interference from the executive.

Her comments came in the wake of criticism directed at the NPA, particularly over its handling of a special plea concerning Moroadi Cholota, the personal assistant to former Free State premier Ace Magashule.

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Cholota, who was facing corruption charges, walked free after the NPA’s mishandling of the case.

The NPA has also faced scrutiny for bungling several high-profile cases, including the corruption case of former Cabinet minister Zizi Kodwa and the long-running Timothy Omotoso rape trial.

Batohi clarifies comments about NPA

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

Her remarks did not sit well with Justice and Constitutional Development Minister Mmamoloko Kubayi, who reportedly summoned Batohi to an urgent meeting on Friday to discuss the matter.

“In my discussion with her, which we agreed would have to be clarified, she said it’s unfortunate that she used the word ‘infiltration’,” Kubayi told the Sunday Times.

Kubayi added that while Batohi had walked back her comments, she still expressed deep concern over the allegations of collusion.

The minister revealed that she would raise the issue with President Cyril Ramaphosa to possibly consider launching an investigation into prosecutors involved in such practices.

READ MORE: Batohi explains why NPA did not investigate prosecutors in 2021 Omotoso trial

While Kubayi also defended the NPA, she acknowledged public dissatisfaction with its handling of high-profile cases.

She mentioned that while 90% of cases are progressing successfully, there are still 10% that face significant challenges.

Kubayi also expressed regret over the outcome of the Omotoso rape trial, calling it “unfortunate”.

The NPA has already indicated its intention to appeal both the Omotoso and Cholota cases.

The matter involving Kodwa is currently under review by the NPA.

Batohi to be summoned to Parliament?

In the meantime, the Economic Freedom Fighters (EFF) have called for Batohi to appear before Parliament next week to elaborate on her allegations about rogue elements within the NPA. The EFF has also demanded that Kubayi be present at the meeting.

Batohi had previously informed the Standing Committee on Public Accounts (Scopa) that the lack of specialised skills in the NPA was a major hindrance in expediting prosecutions, especially in complex corruption cases tied to state capture.

She also revealed that the NPA, along with its entities such as the Asset Forfeiture Unit (AFU) and the Investigating Directorate Against Corruption (IDAC), has been losing key investigators to the Special Investigating Unit (SIU) and the private sector.

Furthermore, Batohi pointed out that the slow pace of corruption investigations and prosecutions was often exacerbated by the use of Stalingrad tactics by accused individuals, who deliberately delay court proceedings to obstruct convictions.

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