By Lehlohonolo Lehana.
The Democratic Alliance (DA) has announced plans to address what they describe as a deepening crisis within the National Prosecuting Authority (NPA).
The party is proposing a set of reforms, including passing the DA’s “Scorpions 2.0” Bill to create an independent Anti-Corruption Commission (ACC) with the power to investigate and prosecute high-level corruption, free from political interference; amending the Constitution to ensure the NPA head is appointed by Parliament, and not by the president; the introduction of a dedicated parliamentary oversight subcommittee to keep the NPA accountable; and fighting for better funding, smarter recruitment, and stronger retention of experienced prosecutors.
The party said the commission would go a long way in addressing some of the systemic challenges plaguing the NPA and will also attract much-needed prosecution skills.
The DA presented its bold plan on Friday morning after the NPA lost high-profile cases like the Vrede Dairy scandal, Moroadi Cholota extradition, the Zizi Kodwa corruption case, and the Transnet corruption trial, which have all collapsed due to incompetence.
The party said even routine prosecutions were slipping through the cracks, with private groups like AfriForum succeeding where the State failed.
DA justice spokesperson, Glynnis Breytenbach, said the ACC would be free from political interference and go a long way in addressing the skills shortage.
“To fill up an Anti-Corruption Commission with competent staff would be much easier than the NPA. The ACC would not be hampered by the appointment processes that hamstring the NPA. The commission would have a different funding model, so it would be able to compete with salaries.”
She’s called on Parliament to support the reforms, “or continue protecting the status quo where the corrupt are able to walk away scot-free”.
Despite numerous forensic investigations into corruption at state-owned entities such as Eskom, Transnet and the Passenger Rail Agency of South Africa (PRASA), and damning findings from the State Capture Commission, the NPA has yet to secure significant convictions.
Since her appointment as National Director of Public Prosecutions (NDPP) in 2018, Advocate Shamila Batohi pledged to restore integrity and effectiveness to NPA.
Six years on, however, critics argue that the institution is mired in high-profile failures, eroding public trust and casting doubt on its ability to deliver justice.
One of the most prominent disappointments has been the botched prosecution of Nigerian televangelist Timothy Omotoso, who faced multiple charges, including rape, sexual assault and human trafficking.
After eight years, the case ended in a startling acquittal.
The court cited prosecutorial misconduct, poor cross-examination, a lack of corroborating evidence, and an incoherent legal strategy.
Although Batohi’s tenure began with high expectations, critics argue it has delivered few tangible results. Calls for reform include reviving the independent investigative model of the now-defunct Scorpions, bolstering resources and instilling a culture of accountability.
Batohi has been on a media blitz responding to questions around the NPA.
During an interview with Newzroom Afrika, Batohi confirmed her team had met with Justice and Constitutional Development Minister Mmamoloko Kubayi to reflect on this week’s ruling. She revealed this centred around how pending and future extraditions would work.
“There’s no fundamental problems in the NPA,” she told the broadcaster in an interview that spanned more than 2o minutes.
She said that in the case of the acquittal of Omotoso, “that broke my heart” because of her fight for justice for victims of gender-based violence.
Batohi said: “It’s easy to put Shamila Batohi as the face of failure, but we really need to look at the challenges we’re facing (systemically).”
There have been calls for Batohi to resign following the entity’s ongoing failure to prosecute cases.
Breytenbach dismissed calls for Batohi’s removal. She said the party would not table such a motion, and “we would certainly not support it”.
The national director is not the problem at the NPA. It’s not a one-man job or a one-woman job. While I think that she could possibly have done things differently, she is not doing a bad job, and the failures of the NPA are not, you know, attributable to her and her alone.