Latest news with #NDPP
IOL News
3 days ago
- 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.
IOL News
4 days ago
- Politics
- IOL News
Court dismisses prosecutions body's reconsideration request in unlawful detention case
The SCA dismissed the application for reconsideration brought by the NDPP who were aggrieved by costs they had to pay to the man who successfully petitioned the SCA in a case of unlawful detention as a result of mistaken identity. Image: Thobile Mathonsi/ Independent Newspapers The National Director of Public Prosecutions (NDPP), in a second failed attempt at the Supreme Court of Appeal (SCA) could not show exceptional reasons to have the court reconsider a decision against costs awarded to a man detained unlawfully. The SCA dismissed the application for reconsideration brought by the NDPP, who were aggrieved by costs they had to pay to the man who successfully petitioned the SCA. In the matter, Khotso Ramabanta, instituted action against the NDPP and the Minister of Police for damages arising from his arrest on 27 February 2019 and subsequent detention until 20 March 2019, when the charges against him were eventually withdrawn by the prosecution. The SCA ordered that the Minister compensate Ramabanta R70,000 while the NDPP was ordered to compensate to the tune of R650,000. 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 In a case of mistaken identity, Ramabanta - instead of his brother identified as 'Rorisang' - was detained for his alleged involvement in a shooting incident alongside two other suspects and initially failed to disclose his passport or provide an exculpatory statement during investigations. Ramabanta contended that the NDPP lacked reasonable and probable cause to prosecute. The NDPP expressed that the prompt withdrawal of charges upon production of Ramabanta's passport demonstrated prosecutorial diligence as opposed to malice. Furthermore, the NDPP challenged the full court's award of R650,000 in damages as grossly disproportionate to comparable cases, citing precedents where significantly lower amounts were awarded for similar or more egregious detentions. Ramabanta opposed the application for reconsideration and the court found that he argued correctly that the NDPP's mere dissatisfaction with the full court's decision or perceived prospects of success was insufficient Acting Judge of appeal, Daniel Dlodlo, said: 'The NDPP has failed to demonstrate exceptional circumstances warranting reconsideration of the dismissal of the petition for special leave to appeal. Her arguments largely rehash the merits of the case and do not establish that the refusal of leave would result in a grave injustice or disrepute to the administration of justice. The full court's decision was neither irrational nor misdirected, and the damages award, while high, was not so disproportionate so as to justify intervention.'
The Citizen
18-06-2025
- Politics
- The Citizen
Batohi not worried about Omotoso's deportation as NPA plans to bring Gupta brothers back to SA
She expressed hope that the Nigerian pastor could be returned to South Africa if the NPA's appeal is successful. National Director of Public Prosecutions (NDPP) Shamila Batohi says the National Prosecuting Authority (NPA) is committed to bringing back Nigerian pastor Timothy Omotoso and the Gupta brothers to face justice. Batohi appeared before Parliament's Standing Committee on Public Accounts (Scopa) on Wednesday, where she faced tough questions about the NPA's performance in handling high-profile corruption and criminal cases. ALSO READ: 'There is no state capture in NPA': Ramaphosa to meet Batohi after infiltration claims The failure of the South African government to secure the extradition of Atul and Rajesh Gupta from the United Arab Emirates (UAE) continues to cast a shadow over the NPA's efforts to prosecute state capture cases. The NPA has also recently come under intense public scrutiny following the acquittal of Omotoso and his two co-accused in a rape trial that spanned eight years. Gupta brothers' extradition During the meeting, Investigating Directorate Against Corruption (IDAC) head Andrea Johnson rejected any suggestion that the South African government had mishandled previous efforts to bring the Gupta brothers back to the country to face several charges. She explained that the government has yet to receive a response from the UAE clarifying the reasons for the extradition request being denied. 'When the UAE decided not to extradite the Guptas, we wrote to them; 12 note verbales later, we still don't have any response from the UAE about why the extradition failed. Safe to say that they have asked us to resubmit,' Johnson said. READ MORE: A national embarrassment? 'Scorpions 2.0' bill pitched to save failing NPA 'How do you resubmit when you've submitted a full set of papers that have been properly checked, even by themselves?' 'It does put you in somewhat of a predicament – do you send these papers so that they are a so-called 'failed attempt' again?' Johnson confirmed that a new extradition request would be submitted for the Gupta brothers to the UAE. 'We've taken a decision to submit new applications with additional matters. The country also can't wait while the NPA has to follow legal processes.' 'So, having taken that into account, the public interest, and the interest of justice, we'll submit new applications not just on the Estina and Nulane matters. We're going to apply for extraditions in relation to other state capture matters.' Watch the meeting below: The Gupta brothers, who were arrested in Dubai in 2022, stand accused of playing a central role in state capture during former president Jacob Zuma's tenure. One of the key cases in which they are implicated is the Nulane Investment fraud case and Vrede Dairy Farm matter. Batohi explains NPA's appeal on Omotoso Later in the meeting, Batohi told the committee that while the NPA is appealing Omotoso's acquittal, the process could take years. She also downplayed public concern following Omotoso's deportation last month. The NDPP explained that if the televangelist had remained in South Africa as a free man, it could have further distressed his victims, who have already expressed their disappointment with the outcome of the trial. 'The fact that he has had to flee from South Africa means he has not been able to live his life the way that he would like to.' READ MORE: Batohi explains why NPA did not investigate prosecutors in 2021 Omotoso trial Batohi expressed hope that Omotoso could be returned to face justice if the appeal is successful. 'Nigeria is a country that we do have an extradition treaty with, and they are also multi-lateral treaties that we can draw on to hopefully bring him back when we do.' 'We have been successful with many extradition applications across the world. The UAE is the one that sticks out, and we have had challenges with that.' She added that the NPA would await the outcome of the appeal process. Batohi defended the institution, urging the public 'not to lose faith' in the country's prosecutorial system amid growing criticism of the NPA's handling of high-profile cases – the corruption case involving former Cabinet minister Zizi Kodwa.
Daily Maverick
17-06-2025
- Politics
- Daily Maverick
‘I will not step down,' NPA head Shamila Batohi tells MPs
With much riding on the shoulders of the NPA's Shamila Batohi, she says she won't quit amid calls for her resignation. 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. 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. 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
IOL News
13-06-2025
- Politics
- IOL News
Shamila Batohi: The scapegoat for a rotten system?
AS Shamila Batohi enters the final stretch of her tenure as NDPP, the knives are out. Image: File AS Shamila Batohi enters the final stretch of her tenure as National Director of Public Prosecutions (NDPP), the knives are out. The timing is telling, the tone unmistakably hostile, and the message dangerously simplistic: blame Batohi for everything. But is she the villain of the story, or its most convenient scapegoat? There's no denying that the National Prosecuting Authority (NPA) has suffered high-profile failures under Batohi's watch. The acquittal of Nigerian televangelist Timothy Omotoso on over 30 charges of sexual assault and the recent courtroom blow to the Ace Magashule case, due to procedural issues around the extradition of his former PA, have added to public disillusionment. These losses are symbolic, in the public's eye, of the State's continued failure to deliver justice in a country crying out for accountability. But this narrative, while emotionally satisfying, is intellectually lazy. To understand the failings of the NPA means confronting a far deeper institutional rot, one that long predates Batohi and continues to fester beneath the surface. Shamila Batohi stepped into an institution that was deliberately hollowed out during the State Capture years. The NPA was not just neglected, it was actively sabotaged. Key skills were drained, senior positions were politicised, and internal structures were rigged to favour impunity. 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 ✕ This wasn't just corruption; it was counter-intelligence in motion, engineered to ensure that those in power would never face consequences. By the time Batohi took the helm in 2019, the institution was functionally compromised. The expectation that she alone could reverse a decade of decay in five years is not just unrealistic, it borders on cruel. Yet when Batohi speaks of 'infiltration' and sabotage from within her own ranks, the reaction is to ridicule, not investigate. That should alarm us. One has to ask: why now? Why, with just six months remaining in her tenure, is the call to replace Batohi growing louder, especially when those calls are paired with a push to 'change the appointment model' for the next NDPP? What lies beneath these headlines could be more than frustration over legal losses. It may well be an elite-driven campaign to ensure that the prosecuting authority remains fragmented, leaderless, and easily manipulated. Batohi's assertion that some prosecutors are actively working with criminals is explosive. If true, it would explain much about the NPA's difficulties in successfully prosecuting powerful figures. It would also point to the continuation of a covert war within the institution, a silent battle between reformers and holdouts from the State Capture era. Her walk-back on the word 'infiltration' has been used to discredit her, but even the toned-down version, that cases are being 'deliberately sabotaged', is a shocking indictment of the institution. And yet, this revelation has been brushed aside in favour of personal attacks on Batohi's leadership. Why are we more comfortable questioning her credibility than investigating the systemic treachery she is pointing to? Let us be clear: the public has every right to demand accountability, performance, and progress from the NPA. But those demands must be grounded in a recognition of the profound institutional crisis that the NPA continues to navigate. To put it bluntly: the house is on fire, and instead of supporting the firefighter, we're blaming her for the flames. Batohi's critics cite case losses as evidence of failure, but in the same breath, they ignore her warnings about prosecutors aiding suspects. They demand better results — yet they scoff at her request for greater support, resources, and protections. They want justice, but not the institutional stability required to deliver it. Leadership, especially in the public service, is as much about what you prevent as what you achieve. It's entirely possible that Batohi's quiet successes, the building of new investigative directorates, the cleanup of internal hiring, and her persistent refusal to bow to political pressure have made her a threat to those who preferred a captured or pliable NPA. If that's true, then the campaign to discredit her is not about justice. It's about power. And so the question becomes: do we, as a society, want a prosecuting authority that works, or one that serves? We can, and should, scrutinise Batohi's record. But let's not be so eager for a scapegoat that we ignore the system that created the crisis in the first place. The very idea of criminal infiltration within the NPA should send shockwaves through the public sphere. Instead, we yawn and demand her resignation.
