Latest news with #FreeStateHighCourt
IOL News
13-06-2025
- IOL News
Matjhabeng Municipality fined R250,000 for contempt of court over sewage spill
The Matjhabeng Local Municipality, currently under administration, and its acting municipal manager, Thabo Panyani, have been declared in contempt of court and fined R250,000 for failing to implement a court order compelling them to address sewage spillage in Welkom. Image: Supplied The troubled Matjhabeng Local Municipality and its acting municipal manager, Thabo Panyani, have been found guilty of contempt of court and fined R250,000 after failing to address sewage spillage into business premises. The sewage spillage into Nashua Welkom has been the subject of court proceedings dating back to 2021. In September 2022, then-municipal manager Zingisa Tindleni was ordered to take all steps necessary to ensure full and timely compliance with the Free State High Court decision forcing the municipality to repair the sewage system and provide updates to Nashua Welkom's attorneys monthly until the repairs are finalised. The municipality was also ordered to take all the necessary steps and ensure that temporary mobile pumps, which regulate the flow of sewerage within the interim installed pumps, are kept in place. 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. 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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 ✕ Additionally, the municipality was told to take all precautionary steps to avoid, in the interim, any possible contamination and/or associated problems/issues/damages with the sewage lines/infrastructure and the proper and effective flow thereof up until the final date of resolution of the matter as ordered. Parties in the matter were then allowed to approach the court on the same papers, and duly supplemented, if need be, for the further directives and or orders in the event of a change of circumstances or non-compliance with the terms of the order. In December last year, Nashua Welkom and the municipality agreed that as reasonably possible in the interim, the municipality will pump the sewerage lines at or near the company's premises in Welkom twice a day and, if necessary, and the circumstances change, as at rainfall, the municipality shall ensure that the pumping of the sewerage line is done at regular intervals, including jet pumping to address any emergency to avoid any possible contamination and/or associated problems/issues, including damages to its property. In addition, the municipality also undertook to clean any current sewerage spills at Nashua Welkom's premises and surrounding areas to avoid any further pollution and or health risks and keep a logbook to be signed by the operator as well as the company immediately after the pumping. However, the company approached the high court, arguing that the municipality had failed to comply with the order, and Acting Judge Suzanne Boonzaaier agreed last Thursday, June 5. 'In the circumstances, wilfulness could be inferred, placing an evidential burden on the respondents (the municipality and Panyani) to raise a reasonable doubt as to whether their non-compliance was wilful or in bad faith,' she found. Nashua Welkom had wanted Panyani to be imprisoned for six months or such as the court might find appropriate and on conditions it deems appropriate. But Acting Judge Boonzaaier ruled that previous court orders were issued when different officials held office in the local municipality. 'In my view, it would be inappropriate to attribute that responsibility to the current acting official in his personal capacity, particularly given the temporary nature of his position,' stated the acting judge. She was, however, not persuaded that the municipality and Panyani made every reasonable effort to comply with the court order, as the issue persists, and its impact continues to be felt not only by Nashua Welkom but also by the general public. Acting Judge Boonzaaier declared Matjhabeng and Panyani to be in contempt of court by failing to comply with three orders and ordered them to pay a fine of R250,000 to Nashua Welkom. The fine was wholly suspended for six months on condition that the municipality and Panyani purge their contempt.
TimesLIVE
12-06-2025
- Business
- TimesLIVE
SCA rules in state's favour in the Nulane case, orders retrial of all accused
The Supreme Court of Appeal (SCA) has upheld an appeal by the state against the judgment of the Free State High Court in 2023 which discharged the accused in the R24.9m Nulane Investments fraud and money-laundering case. The SCA on Thursday set aside the acquittal of six individual accused and two companies. It also ordered that the accused may be retried for the same offences as if they had not been previously arraigned, tried and acquitted, provided a different judge presides over the trial. In 2023 five of the accused successfully applied for discharges while another was acquitted as acting judge Nompumelo Gusha ruled the state had failed to pass the tests for putting forward a prima facie case. Former Free State agriculture department head Limakatso Moorosi, who did not apply for a discharge, was acquitted by Gusha, while her co-accused were discharged. They are: Gupta associate Iqbal Sharma; Peter Thabethe, former head of the Free State department of rural development; Seipati Dhlamini, former provincial agriculture department CFO; Dinesh Patel, Sharma's brother-in-law and a representative of Nulane; Islandsite director Ronica Ragavan; and Nulane Investment and Islandsite as entities. The state charged Thabethe and Moorosi with contravening the Public Finance Management Act by allegedly committing the Free State agriculture and rural development department to a contract of R24.9m without following a tender process. The state also charged all eight accused of fraud.
IOL News
12-06-2025
- IOL News
SCA overturns acquittal in R25 million Gupta-linked Nulane Investments case
The Supreme Court of Appeal (SCA) has overturned the Free State High Court's decision to acquit former Transnet Board member Iqbal Sharma and other accused in the Nulane Investments scam case. Image: National Prosecuting Authority (NPA) The Supreme Court of Appeal (SCA) has overturned the Free State High Court's decision to acquit all the accused in the R25 million Nulane Investments fraud and money laundering case. The SCA set aside the High Court ruling that ended in eight accused walking free on April 2023, after the court ruled that there was no case to answer under Section 174 of the Criminal Procedure Act. This was after the National Prosecuting Authority (NPA) filed an appeal to reverse the judgment. The SCA ordered that the accused be tried before a different judge. The matter relates to the payments that the Free State government made to Nulane to conduct a feasibility study that led to the controversial and failed Gupta-linked Vrede Diary farm project. The suspects included government officials and Gupta-linked associates. 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 ✕ Iqbal Sharma and his company Nulane Investment, former head of the Free State Department of Agriculture (FSDoA), Peter Thabethe, former head of FSDoA Limakatso Moorosi, former FSDoA Chief Financial Officer Seipati Dhlamini, Ronica Ragavan and the company she represents owned by the Gupta's Islandsite Investment, and Dinesh Patel who is Sharma's brother-in-law and a representative of Nulane Investment. 'It is ordered that the first to seventh respondents may be retried for the same offences in respect of which they were acquitted by the Free State High Court on April 21, 2023, as if they had not previously been arraigned, tried and acquitted: provided that a different judge shall preside over the trial,' read the judgment. NPA spokesperson, Mthunzi Mhaga, said this judgment confirms their view that the acting judge, Nompumelelo Gusha, misdirected herself in applying the relevant principles with regard to the case and erred in her strong criticism of the prosecution team. Mhaga said the judgment paves the way for the NPA's Investigating Directorate Against Corruption (IDAC) to reinstate the case within a reasonable period, adding that the NPA remains resolute in its stance of effectively prosecuting and holding accountable those responsible for state capture-related corruption. 'Beyond this important case, IDAC has made significant progress in its efforts to ensure accountability for serious and complex corruption and related crimes stemming from the state capture era. It has enrolled 50 cases, declared 133 investigations and partnered with the Asset Forfeiture Unit to obtain freezing and preservation orders amounting to R14.3 billion with R8.2bn in confiscation orders deposited to the Criminal Asset Recovery Account (CARA),' Mhaga said. He said IDAC has made progress on several other matters and aims to enroll several new cases in the coming months. "Since becoming permanent and with requisite criminal investigative powers in August 2024, IDAC has expanded its capacity to enable it to deliver effectively on its prosecution-led mandate. It also has established an innovative partnership giving it access to a world-class digital evidence unit that bolsters its ability to extract data from encrypted digital devices to be used as admissible evidence in its cases.'
The Star
10-06-2025
- Politics
- The Star
NPA's Leadership Crisis: Eroding Legal Integrity in Favour of Political Expediency
Clyde N.S. Ramalaine | Published 1 day ago Clyde N.S. Ramalaine On 3 June 2025, the Free State High Court in Bloemfontein ruled that the extradition of Moroadi Cholota from the United States to South Africa was unlawful. This landmark judgment has not only released the state's key figure in the high-profile R255 million asbestos corruption case but also cleared the way for the prosecution of others involved. Still, it has also exposed deep procedural and constitutional failings within South Africa's prosecutorial regime. Her unlawful extradition from the United States and subsequent release by the Free State High Court reveal more than just procedural oversight , they expose systemic dysfunction, a repurposing of primary objectives of the NPA as articulated in its strategic ethos within the National Prosecuting Authority (NPA) and unravels the credibility of South Africa's anti-corruption drive. The Ruling A Blow to Prosecutorial Credibility Presiding over the matter, Judge Phillip Loubser was unequivocal: " The prosecution has not found reasonable doubt, or at all, that there was a valid or lawful request from South Africa for the extradition of Ms Cholota from the United States. It follows that if there was no valid extradition request, then the extradition itself was without any basis and, therefore, unlawful ." The National Prosecuting Authority's (NPA) failure to adhere to the legally mandated process in the extradition request of Moroadi Cholota reveals not merely a procedural blunder, but an institutional failing. By initiating the extradition request instead of the Minister of Justice and Correctional Services, as explicitly required by law, the NPA not only invalidated its case but compromised the integrity of South Africa's justice system on the international stage. The NPA will contend that this is not the first time it has led to extradition cases and that this is the first instance in which a case has been registered in this regard. It will furthermore argue that it is appealing the Schultz case, which constitutes a legal precedent. Notwithstanding this counter, the NPA cannot deny that this deviation from legal protocol suggests either gross incompetence or a willful disregard for constitutional processes, raising serious ethical questions about accountability within the NPA. Moreover, by allegedly providing misleading or incomplete information to U.S. authorities, the South African state stands accused of deception — a charge that, if substantiated, undermines its moral authority and diplomatic credibility, and reveals a prosecutorial body more concerned with performance politics than with the pursuit of justice. The unlawful handling of Cholota's extradition reflects a disturbing pattern in which the state weaponises legal instruments while bypassing constitutional safeguards. This erosion of legal integrity in favour of political expediency suggests the NPA, whether by design or acquiescence, has become a tool in internal power struggles rather than a guardian of justice. In failing to uphold the rule of law and misleading an international partner in the process, the NPA exposes a justice system teetering between institutional collapse and captured governance. The court's ruling on the lack of jurisdiction underscores a foundational pillar of constitutional and international law, that the legitimacy of a trial is inseparable from the legality of the accused's presence before the court. In Moroadi Cholota's case, the unlawful initiation of the extradition process rendered her transfer to South Africa constitutionally defective, thereby stripping the court of jurisdiction to try her. Any attempt to prosecute her under such conditions would not only violate Section 35 of the Constitution, which guarantees fair trial rights and due process but also contravene international legal norms governing extradition and state sovereignty. This ruling affirms that procedural integrity is not merely a technicality, but a substantive requirement of justice; the state cannot bypass lawful channels to secure an accused and still claim the authority to prosecute. To do so would be to legitimise executive overreach, dismantle legal safeguards, and invite the erosion of the rule of law under the guise of criminal justice. Systemic Indictment of the NPA The judgment handed down by the Free State High Court should not be read in isolation; it must be understood as a judicial demand for accountability, procedural discipline, and institutional humility. The NPA's failed prosecution of Ms Moroadi Cholota is, regrettably, not an isolated mishap . In a 2023 article co-authored with Paul M. Ngobeni (available at: " /", we called for the NPA leadership to be held accountable as we critically examined eight high-profile cases pursued by the NPA under the rubric of its ' state capture ' prosecutions. Our analysis revealed a pattern of endemic institutional failures, particularly under the leadership of the current National Director of Public Prosecutions, Advocate Shamila Batohi. Among the most pressing concerns were the following: Politicisation of Prosecutions The NPA's alignment with factional battles in the ANC undermines its credibility. Its selective use of the Zondo Commission's findings, non-binding and inadmissible in court, has raised alarms about the weaponisation of commissions of inquiry to serve political ends. Strategic Misuse of Evidence The collapse of cases like the Estina Dairy Farm prosecution revealed the dangers of substituting public rhetoric for admissible evidence. The NPA has repeatedly stumbled in converting politically sensational findings into courtroom success. Selective Disclosure and Narrative Framing The NPA has routinely withheld countervailing evidence, especially in asset forfeiture cases such as Optimum Coal, to curate a prosecutorial narrative while undermining procedural fairness. Civil society organisations such as Freedom Under Law and Corruption Watch have raised repeated concerns about this trend. Institutional Inefficiencies Structural deficiencies, ranging from poor leadership and resource mismanagement to political interference, continue to plague the NPA's capacity to lead credible prosecutions. These points not only relate to individual accountability but also to the need for institutional redesign. The location of the NPA under executive control remains a structural vulnerability. Lack of Accountability and Transparency The NPA has consistently deflected public criticism, painting itself as the victim of attacks rather than accepting legitimate concerns about its performance. This erodes public confidence and corrodes prosecutorial independence. Calls for an independent oversight body to scrutinise prosecutorial decisions have gained renewed urgency. NPA's Compulsive Overreliance on Appeals – Default Mechanism As expected, the NPA informed South Africa that it intends to appeal the court's findings. While the doctrine of appeal is a constitutional provision, it is important to appreciate the context and primary intentions of the state in pursuing such an appeal. A fundamental yet under-examined pathology within the National Prosecuting Authority (NPA) is its compulsive reliance on appeals, not as a last resort for justice, but as a default mechanism to shield prosecutorial ineptitude. At the heart of this phenomenon lies a psychology unmoored from accountability: senior prosecutors and executive leadership pursue prolonged legal contests not at their own personal or professional expense, but through the seemingly bottomless reservoir of the public fiscus. This distance between institutional action and individual consequence fosters a culture of indifference towards both fiscal prudence and judicial efficacy. The decision to appeal, often against the weight of legal reasoning and precedent, is thus less a matter of legal necessity than a strategic deflection—an effort to postpone institutional reckoning, preserve internal reputations, and obscure prosecutorial failures. There appears to be little regard for the economic burden imposed on the state, the rights of the accused whose lives are held in indefinite legal limbo, or the broader erosion of public trust in the justice system. In the Cholota case, this is strikingly evident: despite the court's scathing findings, the NPA has signalled its intention to appeal, oblivious to the potential litigation costs should the state be sued for unlawful detention or rights infringements. This illustrates a prosecutorial psychology that prioritises institutional face-saving over constitutional integrity, emboldened by the knowledge that the price of legal misadventure will not be borne by those who authorise it. In the final analysis, the National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, can no longer be exempt from the dismal performance of the NPA . She, together with her senior executive team, must be held accountable for the institution's persistent failures, including the frivolous pursuit of appeals and plausible wasteful expenditure incurred in cases that consistently collapse in court. The NPA's demonstrably poor track record in successfully prosecuting its claimed state capture cases, cases that fail to withstand legal scrutiny, underscores a leadership crisis at the heart of the institution. In this epoch, Batohi cannot dismiss these matters as merely 10 to 12 cases out of thousands. She must acknowledge the National Prosecuting Authority's spectacular failure in effectively prosecuting its state capture cases. Judge Loubser's ruling is a reaffirmation of the rule of law. It demonstrates that even in the face of public and political pressure, courts remain the final guardians of constitutional integrity. This case should serve as a caution to state institutions: no matter the political stakes, constitutional due process cannot be bypassed without consequence. The state's case against Moroadi Cholota symbolises both a failure of the prosecutorial machinery and a moment of constitutional reckoning. Unless the NPA undertakes urgent internal reform, beginning with depoliticised leadership appointments, independent oversight mechanisms, and full adherence to international legal procedures, its credibility will remain under siege. This case is not merely about an individual wrongfully prosecuted , but about an institution, the NPA, that appears adrift from constitutional moorings, caught between political ambition and legal obligation, often repurposed for nefarious intentions. * Clyde N.S. Ramalaine is a theologian, political analyst, lifelong social and economic justice activist, published author, poet, and freelance writer. ** The views expressed do not necessarily reflect the views of IOL or Independent Media.
IOL News
09-06-2025
- Politics
- IOL News
NPA's Leadership Crisis: Eroding Legal Integrity in Favour of Political Expediency
Calls intensify for National Director of Public Prosecutions Shamila Batohi's removal as the NPA faces accusations of incompetence and strategic missteps in the wake of a deepening crisis in the criminal justice system. Image: Henk Kruger/ Independent Newspapers Clyde N.S. Ramalaine On 3 June 2025, the Free State High Court in Bloemfontein ruled that the extradition of Moroadi Cholota from the United States to South Africa was unlawful. This landmark judgment has not only released the state's key figure in the high-profile R255 million asbestos corruption case but also cleared the way for the prosecution of others involved. Still, it has also exposed deep procedural and constitutional failings within South Africa's prosecutorial regime. Her unlawful extradition from the United States and subsequent release by the Free State High Court reveal more than just procedural oversight, they expose systemic dysfunction, a repurposing of primary objectives of the NPA as articulated in its strategic ethos within the National Prosecuting Authority (NPA) and unravels the credibility of South Africa's anti-corruption drive. The Ruling A Blow to Prosecutorial Credibility Presiding over the matter, Judge Phillip Loubser was unequivocal: "The prosecution has not found reasonable doubt, or at all, that there was a valid or lawful request from South Africa for the extradition of Ms Cholota from the United States. It follows that if there was no valid extradition request, then the extradition itself was without any basis and, therefore, unlawful." The National Prosecuting Authority's (NPA) failure to adhere to the legally mandated process in the extradition request of Moroadi Cholota reveals not merely a procedural blunder, but an institutional failing. By initiating the extradition request instead of the Minister of Justice and Correctional Services, as explicitly required by law, the NPA not only invalidated its case but compromised the integrity of South Africa's justice system on the international stage. The NPA will contend that this is not the first time it has led to extradition cases and that this is the first instance in which a case has been registered in this regard. It will furthermore argue that it is appealing the Schultz case, which constitutes a legal precedent. Notwithstanding this counter, the NPA cannot deny that this deviation from legal protocol suggests either gross incompetence or a willful disregard for constitutional processes, raising serious ethical questions about accountability within the NPA. Moreover, by allegedly providing misleading or incomplete information to U.S. authorities, the South African state stands accused of deception — a charge that, if substantiated, undermines its moral authority and diplomatic credibility, and reveals a prosecutorial body more concerned with performance politics than with the pursuit of justice. The unlawful handling of Cholota's extradition reflects a disturbing pattern in which the state weaponises legal instruments while bypassing constitutional safeguards. This erosion of legal integrity in favour of political expediency suggests the NPA, whether by design or acquiescence, has become a tool in internal power struggles rather than a guardian of justice. In failing to uphold the rule of law and misleading an international partner in the process, the NPA exposes a justice system teetering between institutional collapse and captured governance. The court's ruling on the lack of jurisdiction underscores a foundational pillar of constitutional and international law, that the legitimacy of a trial is inseparable from the legality of the accused's presence before the court. In Moroadi Cholota's case, the unlawful initiation of the extradition process rendered her transfer to South Africa constitutionally defective, thereby stripping the court of jurisdiction to try her. Any attempt to prosecute her under such conditions would not only violate Section 35 of the Constitution, which guarantees fair trial rights and due process but also contravene international legal norms governing extradition and state sovereignty. This ruling affirms that procedural integrity is not merely a technicality, but a substantive requirement of justice; the state cannot bypass lawful channels to secure an accused and still claim the authority to prosecute. To do so would be to legitimise executive overreach, dismantle legal safeguards, and invite the erosion of the rule of law under the guise of criminal justice. Moroadi Cholota giving evidence at the Commission of Inquiry into State Capture. Last week the Bloemfontein High Court ruled that her extradition from the United States was unlawful. Image: Independent Newspapers archive Systemic Indictment of the NPA The judgment handed down by the Free State High Court should not be read in isolation; it must be understood as a judicial demand for accountability, procedural discipline, and institutional humility. The NPA's failed prosecution of Ms Moroadi Cholota is, regrettably, not an isolated mishap. In a 2023 article co-authored with Paul M. Ngobeni (available at: " we called for the NPA leadership to be held accountable as we critically examined eight high-profile cases pursued by the NPA under the rubric of its 'state capture' prosecutions. Our analysis revealed a pattern of endemic institutional failures, particularly under the leadership of the current National Director of Public Prosecutions, Advocate Shamila Batohi. Among the most pressing concerns were the following: Politicisation of Prosecutions The NPA's alignment with factional battles in the ANC undermines its credibility. Its selective use of the Zondo Commission's findings, non-binding and inadmissible in court, has raised alarms about the weaponisation of commissions of inquiry to serve political ends. Strategic Misuse of Evidence The collapse of cases like the Estina Dairy Farm prosecution revealed the dangers of substituting public rhetoric for admissible evidence. The NPA has repeatedly stumbled in converting politically sensational findings into courtroom success. Selective Disclosure and Narrative Framing The NPA has routinely withheld countervailing evidence, especially in asset forfeiture cases such as Optimum Coal, to curate a prosecutorial narrative while undermining procedural fairness. Civil society organisations such as Freedom Under Law and Corruption Watch have raised repeated concerns about this trend. Institutional Inefficiencies Structural deficiencies, ranging from poor leadership and resource mismanagement to political interference, continue to plague the NPA's capacity to lead credible prosecutions. These points not only relate to individual accountability but also to the need for institutional redesign. The location of the NPA under executive control remains a structural vulnerability. Lack of Accountability and Transparency The NPA has consistently deflected public criticism, painting itself as the victim of attacks rather than accepting legitimate concerns about its performance. This erodes public confidence and corrodes prosecutorial independence. Calls for an independent oversight body to scrutinise prosecutorial decisions have gained renewed urgency. NPA's Compulsive Overreliance on Appeals – Default Mechanism As expected, the NPA informed South Africa that it intends to appeal the court's findings. While the doctrine of appeal is a constitutional provision, it is important to appreciate the context and primary intentions of the state in pursuing such an appeal. A fundamental yet under-examined pathology within the National Prosecuting Authority (NPA) is its compulsive reliance on appeals, not as a last resort for justice, but as a default mechanism to shield prosecutorial ineptitude. At the heart of this phenomenon lies a psychology unmoored from accountability: senior prosecutors and executive leadership pursue prolonged legal contests not at their own personal or professional expense, but through the seemingly bottomless reservoir of the public fiscus. This distance between institutional action and individual consequence fosters a culture of indifference towards both fiscal prudence and judicial efficacy. The decision to appeal, often against the weight of legal reasoning and precedent, is thus less a matter of legal necessity than a strategic deflection—an effort to postpone institutional reckoning, preserve internal reputations, and obscure prosecutorial failures. There appears to be little regard for the economic burden imposed on the state, the rights of the accused whose lives are held in indefinite legal limbo, or the broader erosion of public trust in the justice system. In the Cholota case, this is strikingly evident: despite the court's scathing findings, the NPA has signalled its intention to appeal, oblivious to the potential litigation costs should the state be sued for unlawful detention or rights infringements. This illustrates a prosecutorial psychology that prioritises institutional face-saving over constitutional integrity, emboldened by the knowledge that the price of legal misadventure will not be borne by those who authorise it. In the final analysis, the National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, can no longer be exempt from the dismal performance of the NPA. She, together with her senior executive team, must be held accountable for the institution's persistent failures, including the frivolous pursuit of appeals and plausible wasteful expenditure incurred in cases that consistently collapse in court.
