This week marks the end of the term of office of Shamila Batohi as the national director of public prosecutions (NDPP). How should we evaluate her legacy at the helm of a troubled institution?
There is much that has gone right during her tenure as the head of the National Prosecuting Authority (NPA). For a start, Batohi came through a thorough and transparent process.
During her years in office she managed to force out bad elements and remnants of state capture and made decent appointments to assist her in restoring the credibility of the NPA.
As she departs, she will be remembered for being the only NDPP — the official title of her job — to have served out a term of office. Her predecessors left with a cloud hanging over their heads and some were forced out of office.
Bulelani Ngcuka, the first occupant of the office, left office after being cleared by a commission of inquiry of allegations that he was an apartheid-era spy. It was during his tenure that Tony Yengeni, then an ANC MP, went to jail for fraud.
Ngcuka’s successors — Vusi Pikoli, Menzi Simelane, Mxolisi Nxasana and interim heads such as Mokotedi Mpshe, Nomgcobo Jiba and Shaun Abrahams — left mid-term after falling out with politicians.
For much of her tenure, Batohi enjoyed good relations with President Cyril Ramaphosa — the appointing authority — and justice ministers. It was only a year ago that she butted heads with former justice minister Thembisile Simelane before the latter was moved to human settlements.
Unlike her predecessors, Batohi was allowed to do her job.
She also enjoyed a lot of support and goodwill from other non-governmental stakeholders such as the private sector.
Missed opportunities
Her term of office will also be remembered as an era of missed opportunities. The biggest opportunity she squandered was to not use the political air cover she enjoyed to crack high-profile cases such as those arising from the state capture commission of inquiry.
In February, the most prominent state capture case ― the one involving the looting of Transnet by its former executives ― will commence trial. Doubts linger, however, whether the NPA can successfully prosecute after bungling other cases such as the ones involving the controversial Gupta family and Timothy Omotoso, the Nigerian pastor.
A week ago, this newspaper reported that Peter Schelbert, a former Steinhoff director, would only serve five years in jail after a plea and sentencing agreement with the state in his fraud case.
A handful of politicians, including former Free State premier Ace Magashule and former finance minister Malusi Gigaba, have been charged with a range of corruption charges. But none of the prominent figures have gone to jail during Batohi’s tenure.
From her predecessors, she inherited case files of people who failed to receive amnesty from the Truth and Reconciliation Commission (TRC). These files are gathering dust. They didn’t seem to have been part of her priorities.
Under pressure from families of victims, Ramaphosa has appointed a judicial commission of inquiry to investigate these matters.
As she departs her office, she will also be remembered for her controversial walkout from the judicial commission of inquiry into whether Andrew Chauke, the Gauteng director of public prosecutions, is fit to hold office. Chauke was suspended by Ramaphosa at Batohi’s request.
While on the witness stand being cross-examined by Chauke’s lawyer, Batohi stopped her testimony to seek legal advice. This move did not go down well with the commission.
It also transpired that she wants to use her own lawyers, not those from the NPA. Justice minister Mmamoloko Kubayi has refused to grant Batohi’s request for the government to pay for her lawyers.
These controversies are likely to define Batohi’s legacy.
But her successor, Andrew Mothibi, will be indebted to her for the foundation she laid in stabilising the NPA after years of state capture and political interference.
Despite the many challenges the NPA still faces, it has turned the corner from the lowest points. For this, she deserves credit.
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