NPA EXCUSES – AND RESEARCHERS’ REBUTTALS

Excuse: Despite its clear lack of capacity and technical skills in areas such as forensic accounting, the NPA has said it is reluctant to accept assistance from the private sector or civil society in prosecuting State Capture cases to avoid accusations of bias.

Rebuttal: Dr Jean Redpath pointed out in an article in February that it is the decision to prosecute – and not the building of the case – that is open to bias: “It is difficult to see how independence is compromised in Zondo-identified cases, where the most senior judge in the land has already found that there is, in NPA parlance, a prima facie case and clear public interest in prosecuting.”

Excuse: NPA head Shamila Batohi told Parliament this week that one reason for the agency’s slow progress was budgetary challenges.

Rebuttal: Redpath writes in a new paper that the NPA’s funding fluctuations since democracy cannot easily be correlated with its success or failure. She states that, even allowing for inflation, the NPA obtained “a far higher number of serious crime convictions” with lower budgets than currently.

Excuse: The NPA has said that, even when a seemingly strong case is referred from the Special Investigating Unit (SIU), it could require much more work before it is ready for court.

Rebuttal: Redpath suggested in her February article that the NPA should take advantage of the provision in law allowing for the SIU to carry out its own prosecutions. “The SIU has lawyers familiar with most of these matters,” wrote Redpath; “the SIU can hardly do any worse than [the NPA has] done.”