NPA failures need more scrutiny
The National Prosecuting Authority (NPA) considers that it was unlucky in the ruling handed down by the Free State High Court in Bloemfontein which allowed one of former Free State premier Ace Magashule's corruption co-accused to walk free.
NPA national spokesperson Mthunzi Mhaga said the organisation was 'taken aback by the judgment' because the NPA believed Moroadi Cholota and her lawyers were effectively appealing the United States judgment which permitted her extradition from there.
Clearly, he missed Bloemfontein judge Philip Loubser stating 'it is undeniable that the state presented false and incorrect information to United States authorities', information upon which those authorities acted in good faith and deported Cholota.
Without getting into the legal minutiae, this is clearly another example where the NPA has failed to progress a case against a high-profile state capture accused.
It has now been eight years since the release of the 'Gupta Leaks' information which fingered a host of ANC-connected individuals in state capture.
ALSO READ: NPA 'taken aback' over Moroadi Cholota extradition ruling, hints at appeal
In that time, the NPA has failed in a number of attempts to finalise successful prosecutions, including those involving the Estina Dairy, former Eskom executive Matshela Koko, ANC politician Zizi Kodwa and the extradition of the Gupta brothers from the United Arab Emirates to stand trial in South Africa.
It's an often-aired, but manifestly true, complaint from the public that, despite the massive coverage of apparently well-sourced allegations in the media about state capture, no politician or business person has ended up behind bars wearing an orange prison uniform.
There are three possible reasons for that. First, all these good citizens are innocent and it has been a plot by white monopoly capital-bought media.
Second, the level of incompetence within the NPA beggars belief.
Finally, the NPA is being 'persuaded' – one way or another – to not do its job properly. You decide which one is most likely…
NOW READ: NPA lacking in lottery probe
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
40 minutes ago
- IOL News
ANC NEC meeting to discuss US tariffs 'will not resolve Trump's beef with the party'
Political analysts say the ANC National Executive Committee is wasting its time in discussing the US 30% tariff imposed on South Africa's exports. Image: File Picture Political analysts warn that the ANC is unlikely to resolve its differences with the US over the impending 30% tariff on South African exports, as the party held its National Executive Committee (NEC) meeting in Johannesburg at the weekend. The tariff is expected to take effect on August 7, as announced by the Trump administration on Thursday. South Africa is the only country from sub-Saharan Africa singled out in the announcement, reflecting the US's strained relationship with Pretoria. Other African nations, including Lesotho and Zimbabwe, have been hit with a 15% tariff, which will also come into effect in seven days. The decision is a huge blow to South Africa, as the US is its second-biggest trading partner and comes despite trying to agree a trade deal with the US, which included buying US liquefied natural gas, simplifying rules for poultry imports and investing in US industries like mining. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ On Saturday, ANC NEC member Dr Kgosientsho Ramokgopa told journalists that there had been a focused discussion on the US tariffs, describing it as 'spirited and robust'. Ramokgopa said the negotiations between South Africa and the US were ongoing, adding that both countries would be able to find each other. However, political analyst Zakhele Ndlovu said although the NEC was expected to talk about the issue, there is not much that the ANC can do. He said Trump was not happy with many things including domestic and foreign policies. 'The ANC needs to figure out how to deal with generally hostile Republican administrations, and the Trump administration, in particular. Trump's beef with the ANC centres around domestic and foreign policies. On the domestic front, Trump is unhappy with the Expropriation bill, BEE and Diversity, Equity and Inclusion (DEI). "On foreign policy, Trump is bitter about the decision to take Israel to the ICJ (International Court of Justice),'' Ndlovu said, adding that the time has come for the ANC to stop confusing its interests as the country's interests. 'I don't see the ANC coming up with any solution here. It is caught between a rock and a hard place,'' he said. US-South Africa relations have hit rock-bottom since Trump took office in January. The US President stopped all aid to South Africa, accusing it of discriminating against its white minority. South Africa has repeatedly denied this. Ramaphosa held talks with Trump in May in a bid to mend relations but this failed to make any headway. In July, the US House Foreign Affairs Committee passed a bill to review the US-South Africa relations due to objections over its foreign policy and potentially imposing sanctions on senior ANC leaders. The bill accuses the ANC of undermining US interests by maintaining close relationships with Russia and China, which are among its allies and trading partners. It also accuses South Africa of backing Palestinian militant group Hamas in its conflict in Gaza with Israel- an accusation South Africa has denied. Last week, Trump indicated he did not plan to attend the G20 summit taking place later this year in Johannesburg. Another political analyst, Ntsikelelo Breakfast, said the ANC is wasting time discussing the tariff imposed by the US, adding that there is nothing the party can do to avoid the situation. 'There is no way out here. The European Union (EU) signed for 15% this week, and who are we if the EU can give in. I thought we were able to convince Trump and his administration after the meeting in May but clearly Trump did not buy it and now there is legislation to sanction ANC leaders, said Breakfast, adding that this means Trump has taken a hard stance towards South Africa and the ANC. Breakfast said that Trump's threat to skip the G20 summit also cemented his position about South Africa, saying 'this is a smack in the face'. Political analyst Professor Sipho Seepe said the US's quarrel with South Africa goes beyond the alleged white genocide and that an appreciation of the basis of the quarrel would help in the crafting of an appropriate response. 'No amount of public relations exercise or photo opportunities that Ramaphosa loves so much will resolve South Africa's varied problems,' he said.
IOL News
2 hours ago
- IOL News
'Sick and tired of attending meaningless meetings with the ANC' -Solly Mapaila on why the SACP wants to contest elections
SA Communist Party general secretary Solly Mapaila has hinted that the party may contest the 2029 elections. Image: File SACP Secretary-General Solly Mapaila said plans are still on track for the party to contest the 2029 general elections alone, citing its frustration with holding meaningless meetings with its alliance party, the ANC. Speaking at the party's 104th birthday celebration in KwaDlangezwa community hall outside eMpangeni north of KwaZulu-Natal on Sunday, Mapaila said the 2022 congress resolution concluded that the party must contest elections. Defending the congress resolution, Mapaila said the decision was taken because the party was tired of holding meaningless meetings with its alliance party, the ANC, since it was not implementing things the alliance had agreed upon in the meetings. Mapaila said that the ANC was arrogant, telling the SACP to take it or leave it. He said that when Jacob Zuma ascended to the ANC and state presidency in 2009, the SACP asked him to give the party at least one department, adding that the party asked for Arts and Culture because it wanted to protect and promote indigenous languages. Mapaila said the departments that had been allocated to the SACP meant nothing because the party ministers still ran those departments under ANC control and the minister could not make much difference. He said people are addressed in English even if they don't understand because the government has failed to promote indigenous languages, adding that indigenous languages have been forgotten in the country. 'The problem here is that we meet and agree on something, however, we don't see the implementation of things we agreed upon as the alliance, so I'm sick and tired of attending meaningless meetings. If you go to the meeting with the people you know will not implement what you agreed upon, there is something wrong with you,' said Mapaila. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading He specified the ANC's failure to bring land back to the people as the main reason for the poverty among black people, which necessitated the party's decision to contest state power. "The time for working class representation in the state has come. The reason people are poor is because their land was taken away and no one is bringing their land back into their hands. "We cannot accept that and if you accept that please review your communism. We can't nurse each other's feelings. I'm sick and tired of attending meaningless meetings. We meet and we agree but nothing happens,' said Mapaila. Furthermore, he said the SACP will never leave the tripartite alliance since it assisted in its founding. He also slammed the ANC for blaming him for the decision to contest elections independently, saying he personally did not support the idea, however, he had to align himself as it was a congress decision. 'I did not agree with this decision but I had to accept the congress resolution. District secretaries knew that I did not support it,' said Mapaila. the SACP's strong ally, the Congress of South African Trade Unions (Cosatu) said its upcoming congress will decide whether they stick with the ANC or go with the SACP. The SACP leadership also on Sunday laid a wreath at the grave of the late struggle veteran, Riot Mkhwanazi. SA Communist Party general secretary Solly Mapaila has hinted that the party may contest 2029 elections. Image: File
IOL News
3 hours ago
- IOL News
NPA's strategies to combat gender-based violence and restore public trust
Minister of Justice and Constitutional Development, Mmamoloko Kubayi, announced the National Prosecuting Authority's strategy, which aims to encourage victims of gender-based violence to report crimes and to restore public confidence in the legal system, especially in light of recent high-profile acquittals. Image: Ntswe Mokoena / GCIS The National Prosecuting Authority (NPA) is implementing a wide-ranging, victim-centric strategy to ensure that high-profile acquittals do not deter victims of gender-based violence (GBV) from reporting cases or seeking justice. In light of public concerns regarding the effectiveness of prosecuting GBV and high-profile crimes, particularly after the acquittal of Pastor Timothy Omotoso despite serious allegations and years of trial, Justice and Constitutional Development Minister Mmamoloko Kubayi revealed this information. In response to parliamentary questions from the EFF's Sixolisa Gcilishe, Kubayi addressed concerns about how the department prevents high-profile acquittals from discouraging GBV victims from coming forward. Kubayi said the NPA acknowledges public concerns and the potential wider implications for prosecuting GBV and other high-profile cases following Omotoso's acquittal. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ 'The NPA has publicly expressed disappointment at the recent judgment on the Omotoso matter, but cautioned against using one matter to undermine the trust and confidence of victims of GBV in our criminal justice system. Instead, it has emphasised its well-established victim-centred approach to dealing with victims of GBV with a track record that spans more than 20 years,' Kubayi said. 'Through these comprehensive, integrated, and survivor-focused strategies, the NPA is determined to prevent high-profile acquittals from undermining public trust or deterring victims from coming forward. The goal is to continuously build public confidence that the criminal justice system takes GBV seriously and is fully committed to delivering justice for survivors.' Key interventions include: Delivery of GBV public awareness campaign: The NPA is actively working to promote reporting of GBV and restore confidence in the system, through extensive public awareness campaigns, community-specific interventions, and collaboration with civil society and survivor advocacy groups. 'The NPA, driven by the Sexual Offences and Community Affairs (SOCA) Unit, completed 853 campaigns from April to December 2024 in the 2024/2025 financial year,' Kubayi said. Expansion of Thuthuzela Care Centres (TCCs): The NPA aims to expand integrated, survivor-centric services by establishing more TCCs nationwide, offering extensive pretrial services, including psycho-social support, medical treatment, and legal services to GBV victims. 'Currently, there are 66 TCC sites located in rural, urban and peri-urban communities nationally,' Kubayi said. Prosecutor-Guided Investigations (PGI): By enhancing the implementation of PGI, prosecutors are directly involved in guiding investigators from the earliest stages to ensure that GBV cases are properly built, evidence is secured, and procedural missteps are avoided, minimising the risk of acquittals due to avoidable errors. Specialised Training: Prosecutors undergo continuous training to ensure sensitivity and effectiveness in handling GBV matters. Continued Victim Support: Increase the number of Court Preparation Officers to ensure their availability at all courts. This will enable them to adequately prepare victims and witnesses, fostering a secure and supportive environment that promotes full participation in the criminal justice process. Policy Directives for Prosecutors: The NPA has amended its directives relating to Sexual Offences and Domestic Violence to align with recent amendments to GBV legislation. These directives offer clear, binding instructions to prosecutors on managing GBV cases. Serial Rapist Prioritisation Initiative: Launched in 2023, this initiative focuses on fast-tracking the prosecution of cases involving identified serial rapists across all provinces. Teenage Pregnancy Prioritisation Initiative: Introduced in 2024, this initiative addresses teenage pregnancies by ensuring that cases involving children below the age of consent are promptly reported, thoroughly investigated, and prosecuted. DNA Prioritisation Initiative: Implemented in October 2020, this initiative has focused on reducing the DNA testing backlog in sexual offence cases. 'By prioritising DNA evidence, prosecutors, together with the SAPS Forensic Science Laboratory, have facilitated the finalisation of 60,518 reports to date, significantly improving turnaround times in GBV-related prosecutions,' Kubayi said. Community Prosecution Initiative: The NPA has established community prosecution capacity in all divisions to tackle crime through localised, community-specific solutions. There are 50 community prosecution sites nationwide, with 26 specifically dedicated to addressing GBV.
