Lawyers rally behind heightened scrutiny of prosecutors

THE Black Lawyers Association (BLA) has thrown its weight behind Justice and Constitutional Development (DJCD) minister Mmamoloko Kubayi’s call for mandatory lifestyle audits for all prosecutors, saying certain elements should be subjected to investigation following the evidence  before the Zondo Commission and the Nkabinde inquiry.  

While welcoming what she described as a transparent process to appoint the next National Director of Public Prosecutions during her interview with the SABC on Sunday afternoon, Kubayi raised concerns about the internal weaknesses within the National Prosecuting Authority, warning that they undermine public confidence. 

She said there is a need for prosecutors to be subjected to lifestyle audits, arguing that those who live beyond their means pose a serious risk to the institution and its credibility. 

Kubayi also questioned why the NPA had not proactively introduced lifestyle audits, adding that resistance to such scrutiny should be viewed as a warning sign.

This comes after she recently announced in a response to parliamentary questions that the NPA and DJCD are set to conduct lifestyle audits on all senior managers when “red flags” are picked up during the financial disclosures process done within the public service.

In its final report in 2022, the Zondo Commission found that the NPA was systematically weakened through the strategic appointment of pliable individuals and the dismissal of those who resisted State Capture, which led to a “deliberate effort to subvert and weaken” the agency at commanding levels to ensure that those involved in corruption faced no consequences.

Last year, outgoing NDPP Shamila Batohi faced intense political and parliamentary scrutiny following her public claims that the NPA had been “infiltrated” by corrupt elements. She claimed that “unscrupulous prosecutors” were working with criminals to deliberately sabotage high-profile cases. 

During her appearance before the Parliamentary Ad Hoc Committee, she confirmed that she had received classified intelligence from a national agency regarding a prosecutor allegedly involved in organised criminality, which is linked to the ongoing Nkabinde Inquiry into the fitness of Advocate Andrew Chauke, the suspended South Gauteng Director of Public Prosecutions, to hold office.

BLA general secretary Johannes Ramathe said that although the association does not believe that the NPA is infiltrated, the information presented before the Zondo Commission and the Nkabinde inquiry is evidence that certain elements should be subjected to investigation.

However, Kubayi, through her spokesperson Terrence Manase, said her suggestion of lifestyle audits should not be interpreted to suggest that the NPA is infiltrated by individuals seeking to undermine the rule of law.

“The Minister does not hold the view that the NPA, as an institution, is infiltrated by people undermining the rule of law. Her comments relate to the need for continuous vigilance against individual unethical conduct, which can arise in any institution operating within a society affected by corruption.”

Cape Times