Acquittals and retrials of prominent state capture and corruption cases underscore challenges facing the NPA under Advocate Shamila Batohi.
Advocate Shamila Batohi’s tenure as National Prosecuting Authority (NPA) boss has been marred by fierce criticism for botching a string of high-profile corruption and organised crime cases that were either struck off the roll, or ended in acquittals.
These setbacks raised questions about the NPA’s capacity to manage complex, politically sensitive prosecutions, particularly those linked to state capture.
One of the biggest blows came in the state-capture linked Nulane Investments fraud and corruption case involving Gupta-linked businessman Iqbal Sharma and others.
Major corruption and organised crime cases collapse under NPA
All the accused in the matter were acquitted in 2023 by the Free State High Court in Bloemfontein, but the NPA was thrown another lifeline when the Supreme Court of Appeal upheld its appeal in June 2025, opening the door for a retrial.
Another matter that sparked public rage is the R280 million Estina Dairy Farm case – another flagship state capture case struck off the roll in August last year due to prolonged delays.
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However, the SCA ordered a retrial due to legal errors in the initial proceedings.
Another embarrassment was the case involving Moroadi Cholota, former personal assistant to ex-premier and corruption accused Ace Magashule, which collapsed after the Free State High Court in Bloemfontein found that the state had supplied false information to US authorities during the extradition request.
The judge ruled the extradition unlawful, effectively sinking the case, with the NPA also appealing this ruling at the SCA.
Cases collapse or are struck off
The NPA also failed to keep afloat the R2.2 billion corruption case against former Eskom executive Matshela Koko and his co-accused after it was struck off the roll in November 2023 by the Middelburg Specialised Commercial Crime Court in Mpumalanga for “unreasonable delays”.
The prosecuting body worked to re-enroll the case and the matter has been reportedly scheduled to be heard in April.
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Most recently, televangelist Timothy Omotoso and two co-accused were acquitted of 32 charges, including rape and human trafficking in April 2025. The NPA has also moved to appeal the acquittal that sparked an outcry.
The corruption case involving former minister Zizi Kodwa and businessman Jehan Mackay has also faced procedural setbacks, with the NPA withdrawing the charges after realising that prospects of successfully prosecuting them had diminished.
These setbacks amplified concerns about the NPA’s ability to deliver justice in complex corruption and organised crime matters.
