Prosecutions boss Shamila Batohi's claims of infiltration spark debate on NPA integrity

Sources reveal that allegations made recently by the National Director of Public Prosecutions (NDPP), Shamila Batohi, regarding the infiltration of the NPA hold merit, as recent arrests of prosecutors for sabotaging cases expose deep-rooted corruption within the institution.

Batohi has been under fire following a string of recent high-profile failures by the NPA.

She caused a stir earlier last month when she said in a series of interviews that the NPA had been infiltrated by unscrupulous prosecutors working with criminals to bungle cases deliberately. 

This followed several high-profile NPA defeats, including the collapse of Ace Magashule’s corruption case due to the invalid extradition of Moroadi Cholota, his former personal assistant, as well as the acquittal of Nigerian televangelist Timothy Omotoso on multiple sexual assault charges. 

Justice Minister Mmamoloko Kubayi summoned Batohi following the infiltration remarks, and revealed that she admitted using “the wrong word” and clarified that her concerns were about individual prosecutors allegedly sabotaging cases, not systemic infiltration. 

Insiders said the arrests of prosecutors for sabotaging cases show elements of corruption in the prosecuting body. 

The NPA has also been implicated in cases where prosecutors have been accused of lacking reasonable and probable cause when initiating prosecutions, potentially leading to malicious prosecution claims. 

“There were several cases involving prosecutors allegedly tampering with or destroying case dockets. There was a case where a prosecutor was accused of withdrawing charges and allegedly destroying dockets related to fraud. This highlights a serious issue of potential corruption and abuse of power within the criminal system,” said one of the sources, who has intimate knowledge of the inner workings of the prosecution authority.

The sources added that this also involves using fabricated evidence or pressuring witnesses, adding that Batohi should authorise undercover operations to investigate corrupt prosecutors. 

The sources said this could be the reason behind Batohi’s frustration.

“And we understand why she feels sabotaged. This is why she should interrogate these prosecutors on high-profile cases,” the sources said.

These sentiments were echoed by veteran violence and police monitor, Mary de Haas, who said the problem was far wider than Batohi. 

De Haas said she has been receiving information from different sources about deliberate cover-ups by prosecutors, especially if those they are supposed to charge are powerful and or wealthy, which could include politicians. 

De Haas added that she has reported many of these issues to Batohi, but responses from Batohi’s subordinates were invariably unsatisfactory. 

“Infiltration suggests there is a deliberate agenda to destabilise, which is impossible without sufficient factual information to prove. What is evident, however, is that it is yet another case study of how our state institutions have been captured by a culture of corruption.  I have documented that in the police for decades, during which time it has gotten far worse, and it has become increasingly evident to me that the same situation exists in the NPA,” she said.

KwaZulu-Natal Police Commissioner  Lieutenant General Nhlanhla Mkhwanazi also alleged that the country’s criminal justice system has been infiltrated by criminal syndicates. 

Mkhwanazi made these remarks during a media briefing where he claimed that Police Minister, Senzo Mchunu, has connections to members of a crime syndicate.

He also accused some senior police officials of being involved in corruption.

NPA spokesperson Mthunzi Mhaga last week said the institution recently held a virtual launch of its Office of Ethics and Accountability, which is a demonstration of its commitment to the highest standards of ethical conduct and accountability.

“The NDPP has confidence that most prosecutors act in accordance with values enshrined in our Constitution and the dictates of the rule of law. 

“That said, the NDPP will leave no stone unturned in rooting out any bad elements. There is no place in the NPA for prosecutors who act contrary to their oath of office,” he said.

Questions were also sent to the Department of Justice spokesperson, Terrence Manase, who did not respond.

Although there is no information available on the exact number of prosecutors arrested for corruption and sabotaging cases, there have been several incidents reported in the media.

Gauteng police’s anti-corruption unit in 2019 arrested a prosecutor based in the Johannesburg Family Court for alleged corruption and extortion after a complainant alleged that he received a call from the man, who identified himself as the prosecutor who dealt with his case, informing him that if he gave him R10,000, he would make the case disappear and give him the docket.

An NPA prosecutor, Ignacia Koketso Mahlakwane, was arrested last year for corruption, extortion, and obstructing the administration of justice after she allegedly accepted gratification of between R70,000 and R80,000 with her accomplice to decline to prosecute the case of a man who appeared before the Pretoria Magistrate's Court on a charge of assault with the intent to commit grievous bodily harm.

Two State prosecutors, Tshikani Golden Rikhotso and Mikhalani Patrick Chauke, were also arrested for defeating or obstructing the administration of justice in August last year.

Meanwhile, anti-corruption organisation Corruption Watch said the issue of infiltration and sabotage of cases is highly concerning. 

The organisation said there is a need to restore trust that the police and prosecution services exercise their mandate without fear, favour or prejudice, with integrity and beyond reproach.

“The project of reversing state capture will not be complete until we have reform of the police service and corrupt elements in the NPA are fully investigated, uprooted and removed from their positions.

“This is an extremely concerning situation that requires more courageous disclosure from the leadership of the criminal justice sector and accountability,” said the organisation’s consultant Karam Singh. 

Open Secrets director Hennie Van Vuuren said these were serious allegations that should be reported.  

“If these are senior officials, such as provincial heads of prosecution services, then she must ask the President to fire them. If he has failed to do so, the NDPP should alert the public to this fact, so that we can hold the executive accountable for its inaction.”

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