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News24
10 hours ago
- Politics
- News24
Which way for the NPA?
EDITORIAL: Which way for the NPA? The National Director of Public Prosecutions (NDPP), Shamila Batohi, faced an expectedly challenging appearance before the justice portfolio committee this week. While the National Prosecuting Authority (NPA) could draw some solace from last week's Supreme Court of Appeal (SCA) ruling in its favour in the Nulane case, significant concerns remain. Key issues include the NPA's mishandling of the rape case involving pastor Timothy Omotoso, as well as the Free State High Court's decision that the extradition of Moroadi Cholota - accused alongside former Free State Premier Ace Magashule in the asbestos corruption case - was unlawful. Adding to these concerns is the slow progress in prosecuting state capture cases, a point of criticism that continues to linger. With just six months remaining in Batohi's term before her expected retirement next year, questions are being raised about what lies ahead for the NPA. Notably, there has been little clarity or action from the Presidency on when the process to appoint her successor will begin. In this week's Friday Briefing, we examine the state of the NPA under Batohi's leadership. Has she delivered on her promises for reform since stepping into the role? News24's legal journalist, Karyn Maughan reflects on two cases where she argues the failure of NPA leadership to put out legal fires before they imploded fundamentally compromised the administration of justice. Casac's Lawson Naidoo explains why he believes the NPA has made some headway under Batohi's tenure. Additionally, News24's parliamentary reporter, Jan Gerber, evaluates Parliament's role in the NPA's challenges, including the impact of funding shortages on the institution. We also feature a Q&A with DA MP and former advocate Glynnis Breytenbach on what must be done to reshape the institution and restore its credibility. Lastly, advocate Lauren Kohn from the Law and Governance Academy of Southern Africa delves into the recent SCA Nulane judgment, shedding light on what it reveals about the current state of our judiciary. You can explore these perspectives and contributions in full below. Set up to fail or maliciously incompetent? What NPA losses tell us Despite high-profile court losses, prosecutions boss Shamila Batohi insists the National Prosecuting Authority (NPA) is doing a 'fantastic job'. But, Karyn Maughan writes that stance does not recognise how NPA leadership failures have jeopardised criminal accountability. here. Rebuilding justice: Nulane judgment offers redemption for the NPA While the NPA has issues that need addressing, it is difficult to agree with those who wish to portray the NPA as an institution in crisis, in need of a root and branch overhaul, argues Lawson Naidoo. Read the full contribution here. NPA crisis: A chronicle of a snafu foretold If you have been paying close attention to the National Prosecuting Authority's appearances before Parliament, as Jan Gerber has done, you wouldn't be surprised that the pawpaw has hit the fan at the prosecuting body. Read the full contribution here. Q&A with Glynnis Breytenbach | Saying NPA is 'doing a fantastic job' is 'bullsh*t' As scrutiny on the NPA intensifies after it bungled a number of high-profile cases, in-depth writer Muhammad Hussain speaks to DA MP and former prosecutor Glynnis Breytenbach on what it will take to turn the leaky ship around. Read the full contribution here. SCA Nulane judgment vindicates the rule of law and NPA's important work The real impediment to justice and equity was an affront to the rule of law perpetrated not by the National Prosecuting Authority in the Thabete case, but rather by the guardian of the rule of law itself, the judiciary – an affront that is now embodied for posterity in the Free State High Court's shockingly incorrect legal findings as set out in its judgment, writes Lauren Kohn.
The Herald
11-06-2025
- Politics
- The Herald
Ramaphosa to meet Batohi over NPA 'infiltration' claims
'I don't believe there is state capture now under way in the NPA. I believe there are really good prosecutors, those who are putting in a lot of effort and the number of cases are being prosecuted, and including those that came out of the Zondo commission.' Justice minister Mmamoloko Kubayi said Batohi had explained she had been inundated with allegations that cases, including high-profile ones, were being deliberately sabotaged. 'But what she is worrying about is allegations of prosecutors who are working with criminal networks to sabotage cases. So we would have to deal with it case by case. 'I said to her I will engage the head of state to look at what we can do [to] investigate those individuals. That we will have to do. It's not the entirety of the institution that is affected; it's not really infiltration,' she said. Kubayi said she told Batohi she would speak to Ramaphosa about her concerns with a view to possibly launching an investigation into prosecutors accused of working with criminals to bungle cases. The meeting between Kubayi and Batohi took place days after the NPA was dealt a blow in the case against former ANC secretary-general Ace Magashule when the court ruled the extradition from the US of his former PA Moroadi Cholota was invalid. This is one of several embarrassing defeats the NPA has suffered in high-profile cases, leading to concerns about the performance and preparedness of the prosecuting body when going to court. TimesLIVE
News24
08-06-2025
- Politics
- News24
NPA needs a shake-up
National Director of Public Prosecutions Shamila Batohi went on a media tour, trying to explain the litany of blunders by the National Prosecuting Authority (NPA) after yet another suspect has been set free after the institution bungled the case. Moroadi Cholota, the ex-personal assistant of former Free State premier and corruption accused Ace Magashule, walked free after the Bloemfontein High Court ruled it had no jurisdiction because her extradition from the US was unlawful. The court upheld a special plea Cholota raised on the NPA's decision to haul her back to South Africa, that the justice minister, instead of the NPA, should have applied for her extradition. READ: As NPA is under fire over Cholota, Batohi announces preparations for Gupta extraditions The NPA had failed to timeously challenge an earlier ruling involving Johnathan Schultz in the Supreme Court of Appeal (SCA) to this effect, and this created a precedent that could not be overruled by a lower court. In an embarrassing episode, the NPA earlier filed notice not to challenge the Schultz ruling, then later sought to withdraw it. Ruling in the Cholota matter, Judge Phillip Loubser said the NPA must have known about the Schultz matter and the precedent it would create. This was just the latest in a series of bungles by the NPA that has allowed many accused people to go free either on technicalities or due to the sheer incompetence of prosecutors, as the judge in the Timothy Omotoso case clearly pronounced. The Nigerian evangelist accused of raping young women from his South African church was acquitted of all charges. The prosecutors were accused of mishandling the case. In a TV interview, Batohi blamed rogue prosecutors in the NPA system, but insisted that the NPA was otherwise doing a great job. The facts do not bear her out and, as she leaves her post next year, her legacy will be declining faith in the NPA and the justice system in general. Besides the prominent political cases, South Africa has been in the throes of a debilitating wave of gender-based violence, with the murder of Olorato Mongale being the latest prominent case. The two thugs responsible for Mongale's murder had earlier been released by the courts on bail after being charged with a similar kidnapping and theft case. If we had a functional criminal justice system, those two would not have been on the streets and Olorato would probably still be alive. Therefore, we expect Batohi to do more than just join the public lamentation. She is in charge of the NPA and needs to fundamentally shake up how that institution works. The hideously high crime rate in this country demands an incredibly efficient prosecuting authority, but that is not what we have at the moment. As the president gears up to appoint a new NPA head, policymakers must start a conversation about how to strengthen the justice cluster, and the NPA in particular.
News24
07-06-2025
- Politics
- News24
DA proposes anti-corruption commission amid NPA criticism on botched cases
Our_DA / Twitter The DA has proposed an independent anti-corruption commission and constitutional reforms to strengthen the NPA. NPA head Shamila Batohi admitted setbacks in Timothy Omotoso and the Gupta brothers' extradition cases but defended the progress, blaming underfunding. Batohi insists the NPA is recovering from state capture's damage. The DA has called for sweeping reforms to the country's criminal justice system, including the establishment of an independent anti-corruption commission. The party accused the National Prosecuting Authority (NPA) of systemic failures in the handling of high-profile corruption cases. Briefing the media on Friday, DA MPs Glynnis Breytenbach, Damien Klopper and Nicholas Gotsell outlined concerns over the NPA's inability to secure convictions in state capture cases. They cited recent blunders such as the botched extradition from the US of Moroadi Cholota, the ex-personal assistant of former Free State premier Ace Magashule. 'Monotonous' failures Breytenbach criticised the NPA for 'failing to prosecute with any kind of conviction', pointing to procedural errors in high-stakes cases. She highlighted the Cholota matter, where the Free State director of public prosecutions, rather than the justice minister, incorrectly applied for her extradition, a misstep that derailed the case. On Tuesday, the Bloemfontein High Court overturned Cholota's extradition from the US to face corruption charges in the ongoing R250 million Free State asbestos corruption case involving her former boss Magashule, businessperson Edwin Sodi and others. The court upheld a special plea Cholota raised on the NPA's decision to haul her back to SA. Cholota will no longer appear as a co-accused in the case. These mistakes keep happening with monotonous regularity. Glynnis Breytenbach Breytenbach added that not a single politically connected individual had been imprisoned for state capture. She cited other failures, including the Thales corruption case and the withdrawal of charges in the Phala Phala matter due to procedural errors. Klopper expanded on these concerns, referencing the high-profile case of Nigerian televangelist Timothy Omotoso, in which the NPA's mishandling led to a 'disastrous acquittal'. He also noted the DA's recent private prosecution of a common assault case after the NPA declined to pursue it, questioning the institution's capacity to handle even basic prosecutions. Omotoso was acquitted last month and later deported to Nigeria. Calls for structural reform The DA proposed three key interventions: An anti-corruption commission – A chapter 9 body independent of executive control, with its budget determined by National Treasury rather than the justice minister Strengthening NPA independence – Constitutional amendments to remove the president's sole power to appoint and dismiss the National Director of Public Prosecutions Capacitating the NPA – Urgent budget increases to fill vacancies and attract skilled prosecutors, alongside performance audits by the Auditor-General. Gotsell added that a 'watching brief' programme, piloted in the Western Cape, could improve the coordination between the NPA, the SA Police Service and the victims of crime. He also suggested employing final-year law students to assist the prosecutors with administrative tasks. Batohi defends NPA's record Meanwhile, NPA head Shamila Batohi, speaking on SABC News earlier in the day, acknowledged the setbacks but denied a crisis within the institution. Batohi admitted that the Omotoso case was 'devastating' but said the NPA was appealing the court judgment and it was also investigating prosecutors' conduct. On state capture, Batohi defended the NPA's progress in the cases, noting that the Investigating Directorate had enrolled 33 cases. However, she conceded that there were challenges, including underfunding and salary disparities that were driving skilled prosecutors to other agencies, and 'internal chaos' caused by some staff allegedly undermining the NPA's mission. There has been no political interference during my tenure, Shamila Batohi She admitted she could not guarantee that individual prosecutors were not influenced. She also expressed frustration over the delays in extraditing the Gupta brothers, blaming the United Arab Emirates (UAE) court's refusal and pledging to reapply with additional evidence. In 2023, the UAE dismissed SA's request to extradite the Guptas, and government's attempts have yielded no fruit since then. With her term ending in January next year, Batohi vowed to intensify efforts in the remaining months of her contract. The DA, however, remained sceptical, arguing that only bold reforms, not 'slapdash legislation', could restore public trust in the NPA.
News24
05-06-2025
- Business
- News24
The Lead: Has the NPA messed up again? Karyn Maughan on why Ace Magashule's PA walked free
She's a free woman. Moroadi Cholota, the former assistant to then-Free State Premier Ace Magashule, has won her special plea against the National Prosecuting Authority. The Free State High Court in Bloemfontein declared her extradition from the United States 'unlawful' following a Supreme Court of Appeal ruling that only the justice minister may request extradition. The ruling leaves the NPA with a bloody nose, and many legal experts have warned that this trial-within-a-trial may have far-reaching consequences. To decipher what this all means, legal journalist Karyn Maughan joins us in this edition of The Lead. Later in the show, Graeme Raubenheimer discusses the AARTO Act's consequences for errant motorists and snow forecasts nationwide. You can now send a short voice note of 15 to 20 seconds with your questions or thoughts on this episode to our official The Lead WhatsApp line, that's: +27 72 562 3179. Mail your comments to thelead@ Editions drop Monday through Thursday at 19:00 on Spotify, Apple and YouTube. Listen on YouTube: Listen on Apple Podcasts:
