Political parties demand Batohi's accountability amid NPA sabotage allegations

National prosecutions boss Shamila Batohi is facing renewed criticism from several parties, including the EFF, the uMkhonto weSizwe Party and ActionSA, over her recent statements about sabotage within the NPA.

Last week Batohi, responding to criticism over several embarrassing defeats in high-profile cases said there had been "infiltration" of the prosecution service, but later backtracked, saying she had used the wrong term and instead that certain cases were being deliberately sabotaged.

Despite the backtracking by Batohi, the parties remain unconvinced and are demanding accountability, saying if there is sabotage then this happened under her watch and she should take responsibility by stepping down.

The MK Party on Monday expressed concern over Batohi's statements, emphasising the need for transparency and accountability within the NPA. 

“We are the first ones to call for her (Batohi) head. It's been three weeks since we made that call. She has shown that she is incompetent and therefore must go,” MK Party spokesperson Nhlamulo Ndhlela said.

Last week the EFF wrote to National Assembly Speaker Thoko Didiza, requesting an urgent debate on what it believes is an institutional crisis at the NPA. 

This comes after the NPA was dealt a major blow in the case against former ANC secretary-general Ace Magashule when the court ruled that the extradition from the US of his former PA, Moroadi Colota, was invalid.

The NPA has also been slammed for bungling the case against Nigerian televangelist Timothy Omotoso, who was acquitted on more than 30 charges of sexual assault.

The NPA's failure to secure the extradition of the Gupta brothers, nearly a decade after the Gupta Leaks scandal, has also raised questions about the authority's effectiveness.

The EFF said Batohi's remarks suggest undue influence is being exerted on the NPA, compromising its ability to secure justice and accountability.

"This is not a casual institutional complaint. It is a constitutional red flag of the highest order," the EFF said. 

"An assertion from the NDPP herself that the NPA has been infiltrated should send shockwaves throughout every organ of state," the letter read.

ActionSA parliamentary leader Athol Trollip called for Batohi's immediate removal, citing the NPA's repeated failures in high-profile cases. 

"The NPA has become a refuge for politically connected individuals, a place where accountability is avoided, justice is delayed, and prosecutions collapse with shocking regularity.

"Under Batohi's leadership, the NPA reels from one scandal to the next. South Africans are left wondering if these failures are merely a result of incompetence, or is there a deliberate agenda to protect the corrupt,” Trollip said.

NPA spokesperson Mthunzi Mhaga did not answer questions on Monday.

Batohi had said that if she felt she was underperforming, then she would step down immediately.

The DA has also expressed concerns about the NPA's failures but has stopped short of calling for Batohi's removal. Instead, the party wants Batohi to explain the failures.

The DA last week announced a reform package aimed at rescuing the NPA and restoring justice for victims of corruption. 

According to the DA, the NPA is currently "broken" and has failed to secure successful prosecutions in high-profile corruption cases.

To address these issues, the DA’s Spokesperson on Justice and Constitutional Development,  Glynnis Breytenbach, proposes a series of reforms.

"We are pursuing a bold reform package that includes 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," Breytenbach said. 

She said this ACC would aim to tackle corruption without the influence of political agendas.

The DA also wants to amend the Constitution to change how the NPA's head is appointed. 

"Amending the Constitution to ensure Parliament appoints the head of the NPA – not the President – following a transparent and rigorous vetting process," Breytenbach explained.

Cape Times