NPA boss says reviewing decision to drop criminal charges against ANC’s Zizi Kodwa will take time! Shamila Batohi, head of the National Prosecuting Authority (NPA), has announced that she is currently reviewing the recent decision to drop corruption charges against former minister and ANC spokesperson Zizi Kodwa.
Batohi, however, emphasized that speculation about ulterior motives influencing the decision is unfair.
This comes after Gauteng’s Director of Public Prosecutions, Andrew Chauke, announced earlier this month that Kodwa would no longer face charges.
Speaking at Freedom Under Law’s democracy lecture in Cape Town on Monday, Batohi expressed her commitment to examining the decision objectively. She said, “I will objectively deal with the matter and see whether the DPP was correct or not, in my assessment.”
NPA boss
President’s Inaction on Suspension Request for Chauke
Batohi also addressed President Cyril Ramaphosa’s inaction on her request to suspend Chauke, citing it as an example of the challenges facing the NPA.
Batohi made the request in August 2023 due to questions around Chauke’s fitness to hold office. However, despite the delay, Batohi expressed confidence in Ramaphosa’s commitment to an effective justice system, though she noted that technical and procedural issues have impeded the suspension process.
Batohi reiterated the need for a swift resolution. “The state of play as it is, is not good for the individual concerned, or for the prosecuting authority.
It is important that there’s a process that is swift and that whatever the outcome is, we live with it and we move on.”
Reviewing the Decision to Drop Charges: A Lengthy Process
Batohi acknowledged that reviewing the decision to drop corruption charges against Kodwa will take time. The NPA Act requires her to consult with several parties, including the former accused, before making a final judgment on the appropriateness of Chauke’s decision.
While some have questioned Chauke’s motives, Batohi has defended the integrity of the process.
“There are multiple stakeholders involved, and it’s a process that cannot be rushed,” she said, underlining her commitment to transparency and objectivity.
Batohi Urges Independence for NPA’s Future Effectiveness
Batohi also voiced concerns about the NPA’s operational and financial independence, describing it as a key factor in the organization’s long-term effectiveness.
She pointed out that while the NPA does not seek complete autonomy, it requires sufficient independence to prevent executive interference in prosecutorial decisions.
“It’s not independence from the executive authority,” she clarified, addressing some groups that have called for the NPA to become a Chapter 9 institution, similar to the Auditor General or Public Protector.
Batohi argued that very few countries have such a model and that the NPA instead seeks operational freedom to ensure its work is unimpeded by financial or administrative constraints.
Lack of Legislative Progress on NPA Independence
Earlier this year, former Justice Minister Ronald Lamola pledged to introduce legislation in Parliament that would secure the NPA’s independence.
The proposed changes were expected to be tabled by January of the following year, yet little progress has been made. Batohi expressed frustration over the delay, noting that the NPA has raised this issue repeatedly with both current and previous administrations.
“I’m seriously concerned that it’s not moving fast enough,” Batohi stated. “But we are not sitting by idly. I’ve been trying to engage with various persons in terms of how we can try to move this process forward.”
She added that she had raised the matter with the new Justice Minister, Thembi Simelane, but the NPA itself lacks the authority to initiate legislative action.
NPA’s Financial Constraints and Operational Challenges
The issue of financial control remains a significant obstacle. Presently, the Director-General of Justice oversees the NPA’s budget, which Batohi views as problematic for the NPA’s independence.
Although Batohi said that complete autonomy is not the aim, she stressed the importance of having sufficient control over their financial resources to operate effectively.
“This isn’t a matter of total independence,” she noted, “but rather about having the financial and operational flexibility to fulfill our mandate.”
Hopes for Reform Under the Current Administration
The NPA’s independence concerns have been raised for nearly two decades, with the Auditor General first calling attention to the issue in 2005.
Batohi hopes the current administration will finally enact the necessary legislative changes to enable the NPA to work more effectively without undue interference.
In her concluding remarks, Batohi reaffirmed her commitment to a fair and independent review of the decision to drop Kodwa’s charges and expressed optimism that the reforms would eventually move forward.
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