The idea that the National Prosecuting Authority (NPA) has not prosecuted a single person involved in “state capture” is “not supported by the facts”.
According to Shamila Batohi, the national director of public prosecutions, despite the NPA losing its first so-called state capture trial in the fraud and money laundering trial involving Gupta-linked Nulane Investments, and being unable to extradite the Guptas from the UAE, the NPA was “not taking this lying down”.
Batohi and her officials briefed parliament’s portfolio committee on justice and correctional services on Friday about the NPA’s annual performance plan and budget.
“We are embarking on a journey to rebuild a credible NPA,” she said, after almost a decade of what she and other officials termed a “hollowing out” of the prosecuting authority.
Salome Baloyi, chief director of the NPA’s Strategy Management, stressed that prosecution is not “about seeking conviction at all costs”, it’s to “pursue justice”.
Batohi said the NPA’s Investigating Directorate, which focuses on investigation of commercial and corruption crimes, has 89 ongoing investigations and enrolled 32 cases. This involves almost 200 accused people.
The Asset Forfeiture Unit (AFU) has secured preservation orders valued at R13bn and has recovered almost R3bn. Other specialised units, such as the anti-corruption task force, has enrolled 78 cases which involves almost 400 accused.
Batohi said negative narratives about the NPA can be “dangerous”, since facts showed the NPA is improving. She also addressed the two big recent stains on the NPA — the Nulane matter and the extradition of the Guptas — saying that leave to appeal is being sought in the Nulane case.
With regard to the extradition of the Guptas, she said there was “nothing more” the NPA could have done given how the UAE engaged with SA.
Former prosecutor and current DA MP Glynnis Breytenbach said she found the NPA’s handling of big matters “disappointing”. It was “not unreasonable to expect progress” and “we are not seeing enough of it,” said Breytenbach.
Referencing the recent Nulane matter, Breytenbach asked how senior prosecutors could “get into court”, without engaging with the admissibility of documentary evidence. This was only “picked up” in court. Adding to this, Breytenbach’s fellow DA MP, Werner Horn, said had there been “basic due diligence” with “subject matter experts”, this might not have happened.
‘Lessons to be learnt’
Investigative Directorate head Andrea Johnson said that due to the appeal processes she could not answer too openly. She admitted, however, “there are lessons to be learnt” and they are listening to a range of voices going forward. She also clarified that matters as big as Nulane go through many internal processes, such as being presented to various committees, including senior prosecutors, before trial even starts.
Batohi’s deputy, Anton Du Plessis, said, “we need to be more realistic” about the NPA. Progress is slow because of the rule of law, not because of the NPA dragging its feet. He said SA should be proud because of how often ministers, executives and other powerful people are prosecuted, compared to other countries.
According to Batohi, the Zondo report only came out in 2022 giving the NPA about six months to take further action even though the NPA itself was not “sitting idly” while the Zondo Commission was ongoing.
When Horn asked about processes to get rid of the “cancer” of prosecutors who are alleged to have criminal connections, still in the NPA, Batohi stressed her own disappointment at how long this was taking. She noted she has a vested interest to see such matters finalised herself.
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