National Director of Public Prosecutions Shamila Batohi. (Photo: Chanel Retief) 
Shamila Batohi, the head of the National Prosecuting Authority (NPA), has made it clear that she will not leave her position as National Director of Public Prosecutions (NDPP) following renewed calls for her resignation amid growing concerns about the NPA’s failure to prosecute State Capture cases.
“I want to say that, as the NDPP, I will not be stepping down because I believe that we are doing a really good job to serve the people of this country – as we have been – and, particularly, the victims of crime,” Batohi told MPs in Parliament.
Batohi was responding to demands for her resignation by uMkhonto Wesizwe (MK) MP Sibonelo Nomvalo and Economic Freedom Fighters (EFF) MP Mathibe Mohlala during a parliamentary justice committee meeting on Tuesday, 17 June. Minister of Justice and Constitutional Development Mmamoloko Kubayi also appeared before the committee to table the department’s annual performance plan.
Batohi has faced fresh calls to resign or be removed from office in recent weeks, after the NPA was accused of bungling the extradition of Moroadi Cholota, the former personal assistant of corruption-accused former Free State premier Ace Magashule.
The Free State Division of the High Court in Bloemfontein ruled earlier this month that Cholota’s extradition from the United States was unlawful and unconstitutional on the grounds that the extradition had been requested by the NPA rather than Kubayi. Judge Phillip Loubser concluded that the court therefore did not have the jurisdiction to try her.
The mishandling of Cholota’s extradition was the latest in a series of NPA failures in prosecuting high-profile State Capture cases.
Other mishaps include the institution’s failure to secure a conviction of pastor Timothy Omotoso and the failed extradition of the fugitive Gupta brothers in April 2023.
Read more: The NPA illustrates the rot within South African institutions
Following the Cholota ruling, ActionSA called for Batohi’s removal as NDPP and for a “full parliamentary inquiry” into the NPA’s failures. The DA proposed a set of reforms to “rescue South Africa’s broken” NPA.
In an interview with SABC Morning Live Host Leanne Manas hours before the DA and ActionSA issued their statements, Batohi said that there were “less than a dozen” matters that had “led to this very, very severe criticism of the NPA”.
“There certainly have been setbacks and I don’t want to underplay that. There’ve been major setbacks for the institution. But we’re dealing with them,” Batohi said.
Batohi took the same line with Parliament on Tuesday, saying she conceded that there “have been about a dozen cases” for which the NPA had received “a lot of flak”.
However, last week the NPA scored a major win when the Supreme Court of Appeal (SCA) overturned a Bloemfontein judge’s decision to acquit all the accused in the R24.9-million Nulane Investments case, Daily Maverick’s Ferial Haffajee reported.
This came after acting judge Nompumelelo Gush threw out the case in April 2023, against three former Free State officials, long-time Gupta enterprise employee Ronica Ragavan and businessman Iqbal Sharma. The SCA order means the accused face a retrial before a new judge.
Read more: NPA secures major State Capture win: Gupta associates and Free State officials face retrial
Batohi said the SCA order “vindicates” the NPA and its prosecutor, because “the courts agreed with our view”.
“The point I make is that there are legal processes, and I urge that we consider these cases individually,” she said.
Batohi said there are “huge systemic problems in the criminal justice system” and as NDPP, she would “welcome some kind of commission that looks into systemic issues” about addressing South Africa’s high crime rate.
“There are huge challenges within the NPA, within the police, [and] within the court system that we need to address to try and address the crime problem in our country,” she said.
NPA doing a ‘fantastic job’
At the meeting, the MK’s Mohlala accused Batohi of being “incompetent”, saying that under her leadership the NPA – which he ironically said “used to enjoy integrity and credibility” – has been turned into “a basket of shame”.
“We are very surprised that she has not resigned; it means she has a very stubborn conscience,” said Mohlala.
He further accused Kubayi of misleading the House when she, in her earlier remarks, said that the NPA had been doing “a fantastic job” concerning Truth and Reconciliation Commission (TRC) matters, particularly the work of the Missing Persons Task Team.
“Maybe you can fool your friends, not us,” said Mohlala.
At the end of the meeting, Batohi hit back at Mohlala’s comments, praising the work of the NPA.
“The question was asked whether we are doing a fantastic job, and I’d like to say that the NPA is, in fact, doing a fantastic job,” she said.
“I will never mislead this House. My integrity is really important and I will always be fair and honest. There are some things that we may not be able to speak about, but I will always be transparent and share whatever I can with the people of this country,” said Batohi.
In the National Council of Provinces (NCOP) later on Tuesday afternoon, Kubayi was again confronted with questions about the performance of the NPA.
“We do take cognisance of the public outcry and we do pay attention to what is being raised… If we look at these two cases [Omotoso and Cholota] there are lessons to be learnt out of them and more work can be done by [supporting] and providing in terms of oversight over some of the cases,” said the minister.
Kubayi highlighted some of the institution’s gains.
“The NPA has moved from an annual performance of 50% in [the] 2020-21 financial year, to an organisation that is performing at 73% in 2023-24… Though challenges remain, the improvement in performance is a demonstration of a well-capacitated, well-resourced organisation,” she said. DM