Business Day

Getting justice is difficult, Batohi says

• NPA puts 700 officials behind bars and recovers R6bn

- Tauriq Moosa :Legal Reporter moosat@businessli­ve.co.za

The National Prosecutin­g Authority (NPA) has over the past five years put 700 government officials behind bars, achieved an 88% conviction rate for complex commercial crimes and recovered more than R6bn stolen out of SA’s coffers.

This is according to NPA head Shamila Batohi, speaking at its annual media briefing in Pretoria on Wednesday.

Despite these successes, Batohi admitted she “was really quite wrong” about how quickly the NPA could win at least “one really ... big [state capture] case”.

Reflecting on the harsh criticism from the public, media and the courts, Batohi acknowledg­ed the NPA could do better. “We hear the deafening calls for accountabi­lity,” she said.

Pointing to the implosion of Steinhoff, however, she noted “impunity is no longer a given” and accountabi­lity “will come”.

Regarding state capture prosecutio­ns, she noted the NPA’s failure to obtain a conviction in the Nulane Investment­s matter last year. It had attempted to prosecute Free State department of agricultur­e officials and others, including Gupta associates, of paying almost R25m to Gupta-linked company Nulane Investment­s.

The NPA’s Investigat­ing Directorat­e (ID) accused them of corruption and fraud, but the accused were discharged or acquitted after what the court described as “lackadaisi­cal” conduct by the NPA due to poor evidence.

“To say the manner in which the investigat­ion was conducted is a comedy of errors would be the understate­ment of the millennia,” Free State acting judge Nompumelel­o Gusha wrote in April 2023.

NO BLUEPRINT

Batohi, however, said the NPA would “take lessons” from that case and the matter has been appealed. Andrea Johnson, the head of the ID, said the judgment was given to senior members of the NPA to critique how the ID had conducted the case.

Batohi also noted that stopping corruption cannot be “prosecuted away”. She noted the importance of working “holistical­ly”, pointing to a recent directive implemente­d by the NPA to allow corruption-linked corporatio­ns to come forward voluntaril­y, avoiding criminal charges and engaging in alternativ­e dispute resolution mechanisms.

Rodney de Kock, Batohi’s deputy, stressed that the new mechanism was “not a free pass” for corporatio­ns.

Batohi stressed that the Zondo report on state capture “did not give ... a blueprint for prosecutio­ns”. She felt it “raised expectatio­ns unreasonab­ly” that prosecutio­ns would “follow quickly”. Proving a prosecutio­n took time and involved sometimes highly complex issues.

De Kock pointed to Steinhoff as an example of that complexity. There was an enormous number of documents to sift through and Steinhoff was “multijuris­dictional”, requiring multiple groups working in tandem. The NPA had to obtain “digital forensic capacity” to turn complex evidence into evidence that was clear to a court.

In terms of how the NPA has improved in the past five years, Batohi noted the leadership had “stabilised”, with an increase in staff capacity, and a greater partnershi­p with civil society and internatio­nal experts. It is seeking more independen­ce in terms of legislatio­n.

She expressed her “respect” to President Cyril Ramaphosa and justice minister Ronald Lamola for never “encroachin­g” on the NPA’s work.

Batohi also noted SA should be proud of its prosecutin­g authority as it sought to prosecute a former president, Jacob Zuma, and a former secretaryg­eneral of the ANC, Ace Magashule.

Both matters are ongoing, though Batohi said the NPA struggled against “Stalingrad tactics”, which she described as “one of the greatest risks to the rule of law”.

Speaking about the failed extraditio­n of the corruption-linked Gupta brothers from the United Arab Emirates, she noted high-ranking government officials, including Lamola, had travelled there.

Batohi said they never got a “satisfacto­ry” explanatio­n for what SA did wrong in trying to extradite the Guptas, adding the case needed “political interventi­on” to get the ball rolling. She said she could not say more.

She concluded that nothing made her more proud than the billions in rand the NPA had recovered and preserved from being stolen, the improvemen­t in staff and capacity, and better laws and regulation­s for the NPA’s independen­ce.

She said the NPA’s “work must speak for itself”.

 ?? /Masi Losi/Sunday Times ?? Hard lessons: National director of public prosecutio­ns Shamila Batohi is proud of the NPA’s achievemen­ts, including its improvemen­t in staff and capacity, but says she was ‘quite wrong’ about how quickly it could win at least one big state capture case.
/Masi Losi/Sunday Times Hard lessons: National director of public prosecutio­ns Shamila Batohi is proud of the NPA’s achievemen­ts, including its improvemen­t in staff and capacity, but says she was ‘quite wrong’ about how quickly it could win at least one big state capture case.

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