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The South African
2 days ago
- Politics
- The South African
Top Gauteng prosecutor suspended: Ramaphosa moves to fix NPA
President Cyril Ramaphosa's suspension of the South Gauteng Director of Public Prosecutions (DPP), Advocate Andrew Chauke, has garnered praise online. The suspension comes after years of mounting calls for Chauke's removal. It will take effect immediately pending an inquiry into his fitness to hold office. The decision is in terms of section 14(3) read with 12(6)(a) of the National Prosecuting Authority (NPA) Act. In a statement, Ramaphosa said he informed Chauke of his decision and shared that the public would benefit from an independent assessment of the issues. He believes that if Chauke continues his duties while facing an inquiry, it would negatively affect the NPA's reputation. The president also expressed concern that Chauke would not be able to fulfil his functions optimally while facing an inquiry. ActionSA, which had previously called for Chauke's removal after the NPA withdrew charges against former Minister Zizi Kodwa, welcomed the move. The party labelled Chauke 'Joburg's king of public prosecutions,' criticising what it sees as a failure to pursue high-profile corruption cases. ActionSA Parliamentary Leader Athol Trollip described the suspension as long overdue but cautioned that it was just one step toward broader reform. Chauke, appointed by former President Jacob Zuma in 2011, has been a controversial figure. In 2023, National Director of Public Prosecutions Shamila Batohi recommended his precautionary suspension following the withdrawal of charges against former Crime Intelligence boss Richard Mdluli. Chauke dismissed the recommendation, accusing Batohi of bowing to pressure from certain factions. 'It is quite clear that she acts to appease and satisfy particular groupings within society,' he said at the time. His suspension comes just a month after Batohi faced criticism from several political parties for comments made before Parliament's Standing Committee on Public Accounts (SCOPA). During the session, she stated that the NPA had been infiltrated by bad elements. However, she later retracted her remark. 'I said that perhaps there are people within the NPA who are not aligned with the leadership's vision of upholding the rule of law,' Batohi clarified. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 11. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news
IOL News
10-07-2025
- Politics
- IOL News
Political interference undermines justice: The NPA's struggle for integrity
Sources reveal factionalism within the NPA's leadership, impacting its independence and effectiveness in prosecuting corruption. Image: RON AI Political allegiances and interference within the National Prosecuting Authority (NPA) allegedly play a role in its failure to secure convictions in high-profile cases. A source with intimate knowledge of the inner workings of the prosecuting body said the NPA has experienced factionalism, particularly within its leadership, which impacts its independence and effectiveness. They said this is the reason behind some prosecutors joining political parties immediately after leaving the NPA, highlighting that political alliances are hidden until they leave. The NPA's record in initiating prosecutions and securing convictions for high-profile corruption cases is dismal. It has failed to prosecute a significant number of major corruption cases long identified in forensic reports into Prasa, Transnet, and Eskom, and the Zondo Commission. 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Advertisement Next Stay Close ✕ Ad loading In several instances, these reports provided the NPA with a complete or near-complete basis to issue an indictment. Not one high-profile politician responsible for state capture has been successfully prosecuted. The body, constitutionally mandated to institute criminal proceedings on behalf of the state, also declined to prosecute President Cyril Ramaphosa for the Phala Phala scandal, where a total of $4 million (R62 million) was stashed inside a couch at his home. The National Director of Public Prosecution (NDPP), Shamila Batohi, has been under fire for these failures. Last month, Batohi caused a stir when she said that the NPA had been infiltrated by unscrupulous prosecutors working with criminals to bungle cases deliberately. Batohi said the NPA was having internal challenges, adding that some prosecutors may not be aligned with the vision of really fighting for the rule of law in this country. However, she refused to divulge who had captured the institution, how it was captured, and the extent of the interference. Sources within the NPA said this is because there were individuals linked to political allegiances and personal agendas among the prosecutors. They said these factions influence the appointments, promotions and even the handling of high-profile cases. 'There have been internal power struggles with factions emerging that are perceived to be aligned with different political figures or interests. That is why we need to look at some of these appointments, because they are political. They are appointed to handle some of the high-profile cases, especially those involving politicians. This is why you see some of these prosecutors leaving to join political parties,' said the sources. The NPA's spokesperson, Mthunzi Mhaga, declined to comment on these allegations. The Department of Justice also did not comment. The Progressive Civics Congress said the fact that the NPA has been mum about the 'Steinhoff heist saga', where billions of rand from the Government Employees Pension Fund were squandered, shows that it has been infiltrated. The organisation said this also raises serious concerns about the government institutions, especially the judiciary. 'Same with the Phala Phala saga, where evidence of foreign currency was hidden under a couch on the farm of Ramaphosa. He was protected because of White Monopoly Capital (WMC). 'The State Capture Commission was established, and a report was handed over to the President. The recommendations of the report have, till today, not been fully implemented, and instead, they picked a few to target their political opponents,' said General Secretary Sipho Shange. The EFF said Batohi's remarks about infiltration and sabotage within the NPA, are not a revelation but a late admission of a truth the party has been shouting about for years. 'The truth is this: the NPA has been captured, from within and from above. Certain prosecutors are no longer neutral officers of the court, but political operatives, working hand-in-glove with powerful politicians and external interest groups like AfriForum, for money, promotions, and protection. Some have even joined political organisations, turning the NPA into a political battlefield instead of a vehicle for justice,' said EFF's Parliament media liaison, Andiswa Madikazi, adding that this is precisely why the justice system continues to collapse under the weight of corruption and racial double standards. Asked to comment on the allegations, AfriForum spokesperson Barry Bateman said: 'We have no comment, but have created this office to privately prosecute those individuals who are sheltered from prosecution because of their political connections.' Madikazi also claimed that the NPA failed to prosecute the Phala Phala scandal because it had been politically captured, infiltrated, and deliberately sabotaged from within. 'There is no justice, only protection of the corrupt and persecution of the powerless. The NPA no longer serves the people. It serves the ANC and its allies.' Action SA leader Herman Mashaba said his party has, over the years, raised serious concerns regarding the performance of the NPA, in particular regarding pursuing corruption and fraud cases involving politicians. Political analyst, Professor Sipho Seepe, said Batohi has arguably been set up. He said this because she was probably given the suspects before the alleged crimes were investigated. 'The likes of Matshela Koko, Brian Molefe, and Siyabonga Gama have already been found guilty by popular opinion. This has placed too much pressure on Batohi. We have seen this play itself out in the case of Duduzane Zuma, who had for months been branded a fugitive from justice. When he came to bury his brother, he was arrested and treated like a violent criminal, only for the case to be thrown out,' Seepe said.
IOL News
10-07-2025
- Politics
- IOL News
Prosecutions boss Shamila Batohi's claims of infiltration spark debate on NPA integrity
Sources say the allegations recently made by the National Director of Public Prosecutions (NDPP), Shamila Batohi, that the National Prosecuting Authority (NPA) is infiltrated have merit. Image: ANA Graphics Sources reveal that allegations made recently by the National Director of Public Prosecutions (NDPP), Shamila Batohi, regarding the infiltration of the NPA hold merit, as recent arrests of prosecutors for sabotaging cases expose deep-rooted corruption within the institution. Batohi has been under fire following a string of recent high-profile failures by the NPA. She caused a stir earlier last month when she said in a series of interviews that the NPA had been infiltrated by unscrupulous prosecutors working with criminals to bungle cases deliberately. This followed several high-profile NPA defeats, including the collapse of Ace Magashule's corruption case due to the invalid extradition of Moroadi Cholota, his former personal assistant, as well as the acquittal of Nigerian televangelist Timothy Omotoso on multiple sexual assault charges. Justice Minister Mmamoloko Kubayi summoned Batohi following the infiltration remarks, and revealed that she admitted using 'the wrong word' and clarified that her concerns were about individual prosecutors allegedly sabotaging cases, not systemic infiltration. Insiders said the arrests of prosecutors for sabotaging cases show elements of corruption in the prosecuting body. 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 also been implicated in cases where prosecutors have been accused of lacking reasonable and probable cause when initiating prosecutions, potentially leading to malicious prosecution claims. 'There were several cases involving prosecutors allegedly tampering with or destroying case dockets. There was a case where a prosecutor was accused of withdrawing charges and allegedly destroying dockets related to fraud. This highlights a serious issue of potential corruption and abuse of power within the criminal system,' said one of the sources, who has intimate knowledge of the inner workings of the prosecution authority. The sources added that this also involves using fabricated evidence or pressuring witnesses, adding that Batohi should authorise undercover operations to investigate corrupt prosecutors. The sources said this could be the reason behind Batohi's frustration. 'And we understand why she feels sabotaged. This is why she should interrogate these prosecutors on high-profile cases,' the sources said. These sentiments were echoed by veteran violence and police monitor, Mary de Haas, who said the problem was far wider than Batohi. De Haas said she has been receiving information from different sources about deliberate cover-ups by prosecutors, especially if those they are supposed to charge are powerful and or wealthy, which could include politicians. De Haas added that she has reported many of these issues to Batohi, but responses from Batohi's subordinates were invariably unsatisfactory. 'Infiltration suggests there is a deliberate agenda to destabilise, which is impossible without sufficient factual information to prove. What is evident, however, is that it is yet another case study of how our state institutions have been captured by a culture of corruption. I have documented that in the police for decades, during which time it has gotten far worse, and it has become increasingly evident to me that the same situation exists in the NPA,' she said. KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi also alleged that the country's criminal justice system has been infiltrated by criminal syndicates. Mkhwanazi made these remarks during a media briefing where he claimed that Police Minister, Senzo Mchunu, has connections to members of a crime syndicate. He also accused some senior police officials of being involved in corruption. NPA spokesperson Mthunzi Mhaga last week said the institution recently held a virtual launch of its Office of Ethics and Accountability, which is a demonstration of its commitment to the highest standards of ethical conduct and accountability. 'The NDPP has confidence that most prosecutors act in accordance with values enshrined in our Constitution and the dictates of the rule of law. 'That said, the NDPP will leave no stone unturned in rooting out any bad elements. There is no place in the NPA for prosecutors who act contrary to their oath of office,' he said. Questions were also sent to the Department of Justice spokesperson, Terrence Manase, who did not respond. Although there is no information available on the exact number of prosecutors arrested for corruption and sabotaging cases, there have been several incidents reported in the media. Gauteng police's anti-corruption unit in 2019 arrested a prosecutor based in the Johannesburg Family Court for alleged corruption and extortion after a complainant alleged that he received a call from the man, who identified himself as the prosecutor who dealt with his case, informing him that if he gave him R10,000, he would make the case disappear and give him the docket. An NPA prosecutor, Ignacia Koketso Mahlakwane, was arrested last year for corruption, extortion, and obstructing the administration of justice after she allegedly accepted gratification of between R70,000 and R80,000 with her accomplice to decline to prosecute the case of a man who appeared before the Pretoria Magistrate's Court on a charge of assault with the intent to commit grievous bodily harm. Two State prosecutors, Tshikani Golden Rikhotso and Mikhalani Patrick Chauke, were also arrested for defeating or obstructing the administration of justice in August last year. Meanwhile, anti-corruption organisation Corruption Watch said the issue of infiltration and sabotage of cases is highly concerning. The organisation said there is a need to restore trust that the police and prosecution services exercise their mandate without fear, favour or prejudice, with integrity and beyond reproach. 'The project of reversing state capture will not be complete until we have reform of the police service and corrupt elements in the NPA are fully investigated, uprooted and removed from their positions. 'This is an extremely concerning situation that requires more courageous disclosure from the leadership of the criminal justice sector and accountability,' said the organisation's consultant Karam Singh. Open Secrets director Hennie Van Vuuren said these were serious allegations that should be reported. 'If these are senior officials, such as provincial heads of prosecution services, then she must ask the President to fire them. If he has failed to do so, the NDPP should alert the public to this fact, so that we can hold the executive accountable for its inaction.'
IOL News
26-06-2025
- IOL News
NDPP secures R4. 7 million forfeiture order against alleged drug syndicate member
Drugs seized by the Tshwane Metro Police Department. Image: Picture: Tshwane Metro Police Department National Director of Public Prosecutions (NDPP) Shamila Batohi has secured a R4.7 million order against one of the six people arrested during a R15m drug bust in Derdepoort, Tshwane earlier this year. Henry Craill, 32, was among the six suspects arrested in February after law enforcement authorities uncovered a drug syndicate in the capital city. The group appeared at the Pretoria Magistrate's Court after they allegedly sold steroids, scheduled medicine, stimulants, and other performance-enhancing drugs via the internet. According to Batohi's papers filed at the Gauteng High Court, Tshwane, Craill's nearly R751,000 held at Absa and another R519,000 in the name of GEO-Zone Consulting CC is now forfeited to the state. 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 Another amount of nearly R3.5m in Craill's Investec Bank account has also been forfeited to the State. Batohi applied for and was granted a preservation of the property order in terms of the Prevention of Organised Crime Act (Poca). The order pertains to Craill, in his personal capacity, and in his capacity as a member of Geo Zone Consulting in Pretoria and all persons who may have an interest in the property. 'If you have an interest in the property, you should understand that it is now at risk. You are advised to obtain legal advice on whether your interest can be protected and, if so, on how to protect it. You are notified that the NDPP will, within 90 days of publication of this notice, apply to the high court under section 48 of the Poca for a forfeiture order,' reads the court papers. In addition, the preservation order will remain in force until the application for a forfeiture order is finalised and until any forfeiture order that is made is satisfied. The court appealed to anyone intending to oppose the application for a forfeiture order or intends to apply for an order excluding their interest from the forfeiture order in respect of the property must enter an appearance in terms of the order. Interested parties have been asked to make an appearance and comply with the requirements and must be delivered to the Office of the State Attorney. 'If you enter an appearance in terms of the order you will be entitled to be given 14 days notice of the application by the applicant (Batohi) for a forfeiture order in respect of the property,' the high court explained. The court warned that if interested parties fail to enter an appearance in terms of the order or to comply with the requirements, they will not be given notice of the application for a forfeiture order and will not be entitled to appear at the hearing of the application. 'You may, on good cause shown (including the non-availability of any other suitable remedy to protect your legitimate rights or interests), on three days notice in urgent instances and at least seven days notice in other instances to the applicant, and within eight days of becoming aware of the order, apply for reconsideration of the order,' the court ordered.
Daily Maverick
25-06-2025
- Politics
- Daily Maverick
Process to appoint Shamila Batohi's successor must be handled with great care and expertise
The Government of National Unity has promised to fight corruption and restore trust in state institutions. That pledge will ring hollow if it fails to act boldly on one of the most important appointments of the next five years. In January next year, National Director of Public Prosecutions Shamila Batohi will reach the mandatory retirement age and vacate her office. This moment presents South Africa with a crucial opportunity — not only to appoint a mission-critical leader, but to restore credibility to a deeply damaged institution: the National Prosecuting Authority (NPA). If we are serious about rooting out corruption, prosecuting State Capture and re-establishing the rule of law, then we must recognise that, as it stands, the NPA is failing to execute its constitutional mandate. This is not a criticism of one individual, but a reflection of a systemic crisis. Unless the appointment of Batohi's successor is handled with great care and expertise, we risk entrenching the dysfunction that has made justice so elusive for the perpetrators of State Capture. The Centre for Development and Enterprise recently released a report outlining two urgent, interlinked interventions: the creation of a robust and transparent appointment process for the new National Director of Public Prosecutions; and the establishment of an inquiry into the NPA's performance, led by a retired senior judge. Neither step can wait. And both, if implemented correctly, could help revitalise one of the most important institutions in South Africa's democracy. The NPA is the constitutional bulwark against the abuse of power. Yet it has been weakened by decades of political interference, flawed appointments, and institutional mismanagement. Since its establishment in 1998, no National Director of Public Prosecutions has completed a full term. Several were removed by court rulings that found their appointments to be unlawful or irrational. That revolving door at the top has undermined stability, effectiveness, and morale. Turmoil of the Zuma years Shamila Batohi has brought a measure of steadiness to the role after the turmoil of the Jacob Zuma years. But the structural damage done during the State Capture era has proved hard to reverse. Even Batohi recently acknowledged that the prosecuting authority was 'not out of the woods yet', and admitted that — despite progress with general conviction rates — the NPA had failed to successfully prosecute any major State Capture cases involving high-level political actors. This is a devastating admission. The Zondo Commission and investigations by various journalists have laid out, in painstaking detail, the networks of corruption and abuse that hollowed out the state. But far too many implicated individuals are still at large. The withdrawal of charges in the case of Moroadi Cholota, a former assistant of former Free State premier Ace Magashule, is the latest reminder that something is fundamentally wrong with how high-level cases are being pursued. These failures embolden wrongdoers and erode public confidence in the state's ability to hold the powerful to account. That is why the Centre for Development and Enterprise is calling on the president to act swiftly and decisively. Reformed process Our first proposal is that the president should reform the process for appointing the National Director of Public Prosecutions. The current practice, governed by the NPA Act, gives the president broad discretion with little built-in transparency or accountability. This has led, time and again, to poor outcomes. President Jacob Zuma's disastrous appointments of Menzi Simelane and Shaun Abrahams — both ultimately declared invalid by the Constitutional Court — still cast a long shadow. We need to do better. The Centre for Development and Enterprise recommends a two-stage appointment process, modelled on the one used in 2019 to appoint the current Commissioner of the South African Revenue Service (SARS), Edward Kieswetter. That process emerged from the Commission of Inquiry into Tax Administration and Governance by SARS, headed by a retired senior judge, which exposed deep dysfunction and offered actionable recommendations to restore good governance. Its impact is evident in SARS's turnaround since then. We believe a similar approach can rescue the NPA. In terms of our proposal, the president would begin by identifying candidates who meet clearly defined criteria: they would have to be legal practitioners qualified to appear in all courts, as well as individuals with significant prosecutorial and managerial experience, unblemished integrity, and a demonstrable commitment to the NPA's independence and constitutional role. These candidates would then be assessed by a high-level, independent panel. This panel should comprise individuals with high credibility across sectors: a retired judge, a senior advocate or attorney, a former National Director of Public Prosecutions or experienced prosecutor, a respected civil society leader, a retired senior public servant, and a business leader with considerable turn-around managerial experience. This diverse and balanced composition would ensure that legal, managerial, ethical, and governance expertise are all represented in the evaluation process. Importantly, while the panel's membership, criteria, and final recommendations should be made public, the actual interviews and deliberations should remain confidential. As we have seen with the Judicial Service Commission, public interviews can dissuade good candidates, encourage superficial discussions, and turn serious assessments into media spectacles. A more discreet approach fosters thoughtful deliberation and single-minded focus on finding the best person for this vital job. Shortlist Once the panel has concluded its work, it should submit a reasoned recommendation — or shortlist — to the president, who retains the final decision but must publish both the panel's advice and the rationale for his choice (even if it is different from that of the panel). This process would significantly enhance public trust and reduce the risk of political manipulation. Legally, the president has the option of extending Batohi's term by up to two years. The Centre for Development and Enterprise believes this would be a mistake. The NPA needs new leadership and a reinvigorated mandate. Extending the status quo would squander a rare opportunity to introduce fresh energy into a flailing organisation. To ensure a smooth transition, the next National Director of Public Prosecutions should be named by December 2025. That provides enough time for a meaningful appointment process and ensures there is no leadership vacuum at the top. Appointing a capable National Director of Public Prosecutions alone will not solve the NPA's challenges. The incoming leader must know what they are up against. That is why the Centre for Development and Enterprise's second recommendation is equally urgent: the establishment of an inquiry, led by a retired senior judge, into the structure, leadership, independence, and performance of the NPA. This inquiry — ideally completed by the end of 2025 — would provide a detailed, independent diagnosis of the challenges facing the prosecuting authority. Like the Nugent Commission did for SARS, it would offer a roadmap for reform based on facts, not speculation. The inquiry should deliver an interim report to the president and minister of justice before the new National Director of Public Prosecutions takes office, with a final report tabled in Parliament within eight weeks of its completion. Where the state decides not to adopt a recommendation, it must provide reasons publicly. Transparency and accountability must be central throughout the process. Political test Reviving the NPA is not just a legal necessity — it is a political test. The Government of National Unity has promised to fight corruption and restore trust in state institutions. That pledge will ring hollow if it fails to act boldly on one of the most important appointments of the next five years. The office of the National Director of Public Prosecutions is not merely another job; it is a vital instrument in the defence of democracy. It must be filled by someone of real capability and independence, chosen through a process that inspires confidence rather than suspicion. Done right, this appointment could mark the beginning of a new chapter for the NPA. Done wrong, it will confirm the worst fears of a public that has waited far too long for justice. DM
