Latest news with #NationalProsecutingAuthorityAct
The Citizen
2 days ago
- Politics
- The Citizen
Ramaphosa suspends Gauteng prosecuting head Andrew Chauke
Ramaphosa asked Chauke to provide reasons why he should not be suspended. President Cyril Ramaphosa has suspended South Gauteng Director of Public Prosecutions Andrew Chauke with immediate effect pending an inquiry into his fitness to hold office. On Monday night, the Presidency said Ramaphosa took the decision in terms of section 14(3) read with 12(6)(a) of the National Prosecuting Authority Act. Reasons 'Having asked Advocate Chauke to provide reasons why he should not be suspended, President Ramaphosa has decided suspension is the correct course of action pending an inquiry,' said Ramphosa's spokesperson Vincent Magwenya. 'President Ramaphosa has informed Advocate Chauke of his decision in writing and indicated that the President and the public would benefit from an independent assessment of issues that require elucidation and on which there are disputes of fact'. ALSO READ: Police minister Mchunu 'now under criminal investigation' Accusations Magwenya said Ramaphosa believes Chauke's 'continued tenure as Director of Public Prosecutions – while facing serious accusations – would negatively affect the reputation of the National Prosecuting Authority (NPA) as a whole.' 'President Ramaphosa is also concerned that Adv Chauke will not be able to fulfil his functions optimally while facing an inquiry'. Shamilla Batohi The Citizen previously reported that National Prosecuting Authority (NPA) boss Shamila Batohi told Chauke that she was writing to Ramaphosa after demanding answers from Chauke, on various decisions he made, or allegedly made, so that she could decide what to do about it, and him. Batohi questioned Chauke on his apparent initial reluctance to prosecute former president Jacob Zuma's son Duduzane for culpable homicide despite a magistrate having found there was prima facie evidence that Duduzane may have been negligent when losing control of his Porsche and crashing into a taxi in 2014. A Zimbabwean woman died and three people were left injured. Batohi also questioned Chauke on why former police crime intelligence head Richard Mdluli was not prosecuted on a murder charge related to the 1999 shooting death of Oupa Ramogibe, who had an affair with Mdluli's customary wife. NOW READ: Ramaphosa fires Nobuhle Nkabane, appoints new higher education minister
IOL News
4 days ago
- Politics
- IOL News
Minister Kubayi calls for patience as Ramaphosa prepares for NDPP appointment
Justice and Constitutional Development Minister Mmamoloko Kubayi says National Director Public Prosecutor Shamila Batohi's tenure cannot be extended for a further period after she turns 65 on 31 January 2026 Image: Ntswe Mokoena / GCIS Justice and Constitutional Development Minister Mmamoloko Kubayi has asked that President Cyril Ramaphosa be given time to determine the process to follow in appointing the next National Director of Public Prosecutions (NDPP). Kubayi also said NDPP Shamila Batohi will vacate office when she completes her seven-year term in early 2026 when she reached the retirement age. She was responding to parliamentary questions from DA MP Damien Klopper and EFF MP Carl Niehaus. In her written response, Kubayi said the National Prosecuting Authority Act expressly indicated that an NDPP must retire at the age of 65. 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 ✕ 'The provision is peremptory. Thus, the NDPP's tenure cannot be extended for a further period after she turns 65 in order for her to complete a full 10 years. 'This means that on 31 January 2026, when the NDPP has turned 65, she will be vacating office,' she said. Kubayi also said there have been no discussions between her and Batohi on possibly extension of her term because the NPA Act was peremptory that the term cannot be extended after the age of 65 years. Batohi was appointed to her position in February 2019 and is now due to complete her term next January. Ramaphosa had decided on an open and transparent process, which involved the nominations and public interviews of the candidates by a panel. Kubayi said Ramaphosa was empowered by the Constitution and the National Prosecuting Authority Act to appoint the NDPP. She also said the process in which the NDPP would be appointed was solely the prerogative of Ramaphosa, who will at the appropriate time make a determination on such a process. 'The President should therefore be afforded space and time to determine the appropriate process to be followed when carrying out his constitutional responsibilities of appointing the NDPP.' Asked if she has conducted formal performance evaluation on Batohi in light of mounting public and parliamentary concern over the NPA's failure to secure successful prosecutions in high-profile corruption and state capture cases, Kubayi said she can only monitor the NPA's performance and advise Ramaphosa accordingly. She also said it was not constitutionally permissible for her to conduct a formal performance evaluation of Batohi as the suggestion was that she must account to her on her work. 'The NPA is constitutionally not part of the Executive and that the NDPP is not accountable to the Minister but to parliament. The Minister also cannot mero motu initiate a Section12(6) inquiry as to the NDPP's fitness to hold office. That is a prerogative solely in the preserve of the President as the appointing authority.' However, Kubayi said if she was of view that an NDPP was underperforming, she may advise and make a recommendation to the President on whether an inquiry ought to be instituted. 'The NDPP is a Presidential appointee, and it is the President, in terms of Section 17 of the NPA Act, who must determine the remuneration and other terms and conditions of service of an NDPP, not the Minister.' The minister further said the time she has been a minister in the Justice and Constitutional Development since December 2024 does not give sufficient time to do a comparison of Batohi with her predecessors. However, Kubayi said the only way to assess her performance was to look at the overall annual performance of the NPA over the years of her tenure. 'The NPA has moved from an annual performance of 50% in 2020/21 to an organisation that performed at 73% in 2023/24,' she said. 'The tenure of the current NDPP is characterised by a theme of rebuilding an institution that was hollowed out by years of state capture, and left the NPA decimated in order to ensure that the rule of law was destroyed and undermined; and impunity was the order of the day.'
The Citizen
20-06-2025
- Politics
- The Citizen
ActionSA demands Batohi's removal over NPA's ‘growing failures'
ActionSA has asked the justice minister to initiate Batohi's removal and begin a process of investigating deep-rooted dysfunction within the NPA. ActionSA members yesterday marched and protested outside the office of the minister of justice in Pretoria to demand the removal of the national director of Public Prosecution Shamila Batohi due to what it described as the growing list of failures by the NPA under her leadership. Action SA president Herman Mashaba led the protest, which saw some victims sharing their injustices by the NPA before a memorandum of demands was signed and handed over to a representative of the minister. Demands to justice minister In the memo, the party demanded that the minister, as the Cabinet member responsible for justice and constitutional development, engaged President Cyril Ramaphosa to exercise the powers afforded him under Section 12 of the National Prosecuting Authority Act and initiate the formal process for the removal of Batohi. A call for Batohi's suspension and investigation into NPA Mashaba said the process must begin with her immediate suspension, pending an investigation into the systemic dysfunction in the NPA. ALSO READ: Hawks and NPA explain why corruption investigations and prosecutions take long 'While acknowledging that overhauling and correcting the NPA does not begin and end with the removal of Batohi, it remains an important first step in demonstrating that continued poor performance will be met with decisive action. 'South Africans are clear in their demand for us to fight to end the culture of impunity and to put the institution on notice that it must either deliver, or face the consequences,' he said. 'Genuine sense of hope' Mashaba said Batohi's appointment in December 2018 was intended to mark a break from the dark era of state capture, a period marked by political interference and institutional decay. 'Her arrival was met with rare national consensus and a genuine sense of hope that justice would finally be restored and those responsible for looting the state would be held accountable. Yet, nearly six years later, that hope has curdled,' he said. NOW READ: Batohi clarifies NPA infiltration claims to justice minister amid criticism
IOL News
09-05-2025
- Politics
- IOL News
Adv Paul Pretorius SC appointed to bolster IDAC's investigation into state capture
Advocate Paul Pretorius has been to strengthen the Investigating Directorate Against Corruption (IDAC)'s investigation into cases that emanate from the Zondo Commission of Inquiry report. Image: Karen Sandison/Independent Newspapers The National Prosecuting Authority (NPA) has appointed Adv Paul Pretorius SC to strengthen Investigating Directorate Against Corruption (IDAC)'s investigation into cases that emanate from the Zondo Commission of Inquiry report. On Friday, National Prosecuting Authority national spokesperson Mthunzi Mhaga, said there are ongoing engagements regarding the extension of Pretorius' contract. Pretorius served as the evidence leader for the State Capture Commission. '(We wish) to confirm that the appointment of Adv Paul Pretorius SC in terms of Section 38 of the National Prosecuting Authority Act is being processed by IDAC and such process is at an advanced stage. "The IDAC sought the services of Adv Pretorius to strengthen its capacity in dealing with, and managing, state capture cases that emanate from the Zondo Commission of Inquiry report that was submitted to the NPA for criminal investigations and possible prosecutions," said Mhaga.
