'Poor prosecution rate' haunts Western Cape candidates vying for NDPP post

WESTERN Cape Director of Public Prosecutions Nicolette Bell has promised to place transparency and accountability to Parliament regarding the work of the National Prosecuting Authority (NPA) high on her list should she get the nod to lead the country’s prosecuting authority. 

She was among the candidates being interviewed to replace outgoing National Director of Public Prosecutions Advocate Shamila Batohi, when she steps down next month.

“I am ready to serve the entire NPA. I have the experience,” she told the panel.

Bell, and her deputy, Advocate Adrian Mopp who was also interviewed for Batohi’s post, were questioned about the poor performance of the Western Cape in securing, especially, gender-based violence and murder prosecutions.

She said she and her provincial team reflected on the Western Cape’s poor prosecution rate, and have put several measures in place to address these problems. Things were now looking up, she said.

Speaking about the Joshlin Smith case, Bell said the matter had huge reputational consequences for her office.

Not everyone in her office agreed to prosecute the accused. She had to make a decision, which was the right one in the end, she said.

During his interview by the panel led by Justice Minister Mmamoloko Kubayi, Mopp stated that if he took over, the starting point must be ensuring the independence of the office.

He pointed out that some say the NPA had been captured, but stressed that decisions taken must be underpinned by two things - the law and the facts.

“I lay awake at night worrying about the future of our country. I am concerned about the threats we face. I want to make a change,” Mopp said.

Mopp was questioned during his interview about internal turmoil within the NPA. This was sparked by Batohi, who earlier told Parliament’s Ad Hoc Committee that she underestimated the internal problems at the NPA.

Mopp responded that Batohi has not always been open about what these challenges were. He explained that he, on occasion, raised the issues that the NPA was being captured with her.

In his view, he said, there were only a few who had to account for what they did. “It is critical for us to know what the problems are. Are we talking about one or two, or is it an entire organisation? Good people are tarnished by referencing the entire organisation, while it can only be individuals,” he said.

 Asked about possible political interference in prosecutions, Mopp responded that no one has ever tried to influence a decision he has made.

Cape Times