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UDM calls for NPA boss Shamila Batohi’s suspension
Holomisa has accused Batohi of dragging her feet in prosecuting those named in the Zondo Commission's findings.
The NPA under the leadership of Advocate Shamila Batohi has failed to prosecute its first state capture case last month, leading to the failed bid to extradite alleged state capture kingpins, Rajesh and Atul Gupta, from the United Arab Emirates (UAE). Picture: Gallo Images/Phill Magakoe
The United Democratic Movement (UDM) has called for a commission of inquiry into National Prosecuting Authority (NPA) head Advocate Shamila Batohi’s fitness to hold office.
The call comes after the NPA’s failure to prosecute its first state capture case last month, leading to an acquittal and the failed bid to extradite alleged state capture kingpins, Rajesh and Atul Gupta, from the United Arab Emirates (UAE).
Holomisa writes to Ramaphosa
UDM leader Bantu Holomisa on Monday wrote to President Cyril Ramaphosa requesting the inquiry and Batohi’s suspension during the process.
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Holomisa accuses Batohi of “dismally failing to execute her duties and responsibilities,” dragging her feet in prosecuting those named in the Zondo Commission‘s findings, and failing to comply with her constitutional obligations.
In his letter, Holomisa said the “public outcry and the international embarrassment that South Africa has suffered due to incompetence, incapacity and inefficiency of the NPA” reflected the same on Batohi’s leadership of the public prosecution service.
“There is no evidence that Advocate Batohi has done anything to fulfil her obligations as directed by the constitution.
“The two recent judgments, one at the United Arab Emirates (UAE) Court and the other at the Bloemfontein High Court provide overwhelming evidence that Advocate Batohi did not comply with her constitutional obligations and failed to make the required interventions to ensure that policy directives are complied with,” reads the letter.
‘Other legal remedies’
Holomisa added that the UDM reserved its right to seek “other legal remedies” should the president not accede to this request within 21 days after receipt of the letter.
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Ramaphosa appointed Batohi as the country’s first women national director of public prosecutions in December 2018. The former senior legal advisor to the prosecutor of the International Criminal Court commenced her duties in February 2019.
Nulane fraud case appeal
On Monday, the NPA’s Investigative Directorate (ID) filed an appeal to the Bloemfontein High Court regarding the acquittal of the accused in the R24.9 million Nulane Investment fraud case. The accused include associates of the Gupta brothers and former Free State government officials.
Should the NPA’s application be granted, the case could be heard either by a full bench of the Bloemfontein High Court or the Supreme Court of Appeal.
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The ID believes that acting Judge Nompumelelo Gusha made a mistake in discharging the seven accused in the Nulane Investment fraud case.
The ID has argued that there is sufficient evidence for a reasonable court to convict them and that another court might come to a different conclusion.
“There are reasonable prospects that another court would come to a different conclusion and or find that granting the discharge was a misdirection which was contrary to legal precedent, constituted a gross irregularity in the trial and was prejudicial to the state,” said ID spokesperson Sindisiwe Seboka.
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