Shamila Batohi can still redeem her legacy

THE National Prosecuting Authority (NPA) under the leadership of Shamila Batohi does not have a good story to tell in securing convictions in high-profile corruption/ state capture related cases. 

In fact Batohi, whose term comes to an end early next year, has had a tumultuous tenure characterised by monumental failures that have not inspired confidence in the fight against malfeasance in government. 

The NPA’s failure to bring the Gupta brothers before the South African courts to account for the alleged grand-scale looting of public resources was just the beginning of Batohi’s nightmare.

Then came the collapse of a fraud and corruption case involving former Eskom chief executive Matshela Koko, which  was struck off the roll by the Middelburg Specialised Commercial Crimes Court in Mpumalanga last year. 

The  Bloemfontein High Court  acquittal of the five of the six accused in the nearly R25 million Nulane Investments fraud and money laundering case when they successfully applied for the charges to be dropped in terms of Section 174 of the Criminal Procedure Act- a decision the NPA intends to appeal.

There was also the failed extradition of self-proclaimed prophet Shepherd  Bushiri and his wife Mary Bushiri who escaped the country after being charged with fraud, money laundering, and rape allegations. 

Free State High Court Judge Schultz handed the NPA another blow when overturning  the extradition of Moroadi Cholota, Ace Magashule’s assistant. This meant that she no longer had to face the music for the R255 million Free State asbestos case.  

While the state recently secured a conviction in the Bosasa matter, that was a drop in the ocean in the context of how poorly the NPA has performed in most of the high profile cases.

What may make up for Batohi’s disastrous tenure is how they handle President Cyril Ramaphosa’s Phala Phala case, which the NPA boss recently confirmed was being reviewed. 

Up till this point no government law enforcement agency including Chapter 9 institution has found fault in Ramaphosa concealing undeclared foreign currency in couches. 

The outcome of the Phala Phala review process will indeed determine whether all are equal before the law or continue affirming the perception that more are equal than the others. That may define Batohi’s legacy.