THE TASK AHEAD OF BATOHI

THE full weight of expectation of the country now rests on newly-appointed National Director of Public Prosecutions advocate Shamila Batohi. Her appointment by President Ramaphosa on December 4 was received with both relief and hope that she will repair and lead the National Prosecuting Authority into a future that is unsullied.

Advocate Batohi comes to the position with impeccable credentials and minus the taint of some of her predecessors but will have to contend with an already overflowing inbox; a team that is politically divided and a mission to rejuvenate credibility in the criminal justice system..

Advocate Batohi has a mammoth set of tasks ahead of her, not least to effect the vision of the NPA to ensure “Justice in our society, so that people can live in freedom and security” and crucially, to effect its mission, which is simple yet profound: “Guided by the Constitution, we in the National Prosecuting Authority ensure justice for the victims of crime by prosecuting without fear, favour and prejudice and by working with our partners and the public to solve and prevent crime”.

This vision and mission were violated when the institution was captured, not in defence of country but in defence of former president Jacob Zuma and the multiple charges he was facing.

In addition to re-engendering the vision and mission of the institution, advocate Batohi must provide leadership to the core business units of the NPA, which include:

• The National Prosecutions Service.

• The Asset Forfeiture Unit.

• Sexual Offences and Community Affairs.

• The Specialised Commercial Crime Unit’

• The Witness Protection Unit.

• The Priority Crimes Litigation Unit. Each of these come with hefty responsibility – especially at a time when corruption, state capture, violence against women and criminality are so high on the national agenda.

Advocate Batohi does not have the luxury of a blank slate but has inherited one that is scribbled on and scarred. Her tasks will be of correction and rewriting that which will rejuvenate trust and faith in the NPA.

Immediate tasks include the repair and rebuilding of a broken institution. Deft management, coupled with values-based leadership, will be a high priority.

Key legacy issues that the NDPP will have to address include:

• The ongoing work of the Zondo Commission;

• Responding to the recommendations of the Nugent Commission’s Report (due on December 14), including the prospect of prosecuting those implicated in the attempted destruction of Sars.

• Rebuilding relations between police, law enforcement agencies and prosecutors to ensure seamless investigations and finalisation of matters.

A clear challenge is also that of dealing with an organised criminal mafia that has carefully infiltrated organs of government and curried favour with politicians.

The message must be unremitting: South Africa is not for sale and certainly not to criminal syndicates.

In conclusion, South Africans tend to look for the “magic bullet” but the Constitution, as supreme law of the land, must remain the vital touchstone.

The role of the NDPP is to give effect and meaning to constitutional values.