Judges have an important role in ensuring that cases move swiftly through the court process when dealing with the use of “Stalingrad tactics” to delay proceedings, says national director of public prosecutions Shamila Batohi.
The most glaring use of such tactics has been by former president Jacob Zuma in the arms deal trial in which he stands accused of 18 charges of corruption, racketeering, fraud and tax evasion. He plead not guilty to all the charges in May 2021. Zuma was indicted in June 2005, and after repeated delays the trial is set down for April to September 2025.
Delivering the annual lecture organised by Freedom Under Law and Stellenbosch University’s department of journalism on strengthening the rule of law on Monday, Batohi said the use of Stalingrad tactics to delay court processes represented one of the greatest risks to the rule of law.
Constitutional protections were often abused by those wanting to delay justice, she said.
“Unjustified delays [whether by the prosecution or the defence] and abuse of process, which subvert the rule of law, should not be tolerated. Sometimes tough case management by the judiciary is critical and serious consideration should be given to a fast lane for state capture cases.
“We need the firm resolve of an independent judiciary to ensure that cases move swiftly through the court process, while ensuring a fair trial, fair not only for the accused, but also for victims and witnesses.”
Batohi noted that the Constitutional Court and the Supreme Court of Appeal had pointed out that fairness was not a one-way street that conferred an unlimited right on an accused to demand the most favourable possible treatment, but also required fairness to the public as represented by the state.
We need the firm resolve of an independent judiciary to ensure that cases move swiftly through the court process, while ensuring a fair trial...
— national director of public prosecutions Shamila Batohi
She stressed that this did not mean the accused’s rights should be subordinated to the public’s interest in the protection and suppression of crime. However, the purpose of the fair trial provision should not make it impracticable to conduct a prosecution.
Batohi also referred to a comment by retired judge Edwin Cameron that judges could also issue cost orders against manifestly frivolous applications including ordering legal practitioners to personally pay the costs of the litigation.
She defended the National Prosecuting Authority (NPA) against criticism that it had not acted sufficiently against alleged perpetrators of corruption and detailed the steps taken in the past five years since she assumed office to build the organisation, which was crippled by state capture.
Among these measures were the stabilisation of the NPA’s senior leadership; the increase of staff numbers by about 1,000; the establishment of the Investigating Directorate Against Corruption as a permanent entity in the NPA; and the development of an asset recovery strategy and implementation plan that was reaping rewards, she said.
Batohi stressed that the rule of law crisis in SA was not limited to state capture-related corruption, but also included the crisis of violent crime. State capture and complex corruption cases made up less than 0.01% of the about 850,000 cases that NPA prosecutors dealt with every year.
“The narrative that the NPA has done nothing with regard to accountability for state capture corruption is flawed. Recent high-profile arrests, guilty pleas and significant asset recoveries signal to criminals that impunity is no longer a given,” she said.
“As a relatively young democracy, SA is one of the few countries in the world that is prosecuting senior government officials and high-profile politicians [including ex-ministers, chief financial officers, municipal managers, heads of department, mayors], as well as private sector actors [including CEOs, companies and directors] for complex corruption.”
Since 2019, nearly 700 government officials and more than 1,000 private sector individuals had been convicted for corruption.
Batohi emphasised the need for the private sector to be a key partner with the NPA while safeguarding its independence.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.