The search for the new National Director of Public Prosecutions (NDPP), initiated by President Cyril Ramaphosa, draws attention to how a lack of resources, insufficient political will, and internal challenges within the National Prosecuting Authority (NPA) has hobbled its attempts to prosecute complex state capture matters.
The current NDPP, Advocate Shamila Batohi, brought in by Ramaphosa with a mandate to revitalise the NPA and pursue state capture cases, faces the end of her term in January 2026 amidst widespread criticism regarding the institution’s performance.
Ramaphosa, who last week appointed a panel to identify Batohi’s successor through an “open and transparent process,” says he is keenly aware of the critical role the NDPP plays in upholding the rule of law.
However, despite Ramaphosa’s initial intentions for Batohi’s appointment, experts and civil society increasingly point to a lack of resources, insufficient political will, and internal challenges within the NPA as significant hurdles in prosecuting complex state capture matters.
Batohi’s arrival in 2019 was met with high hopes, with civil society initially seeing it as a pivotal moment to restore public trust in an institution that had been severely compromised during the state capture era.
However, her tenure has been marred by a string of high-profile failures and allegations of incompetence and corruption within the NPA itself.
The withdrawal of charges against Moroadi Cholota (former assistant to former ANC secretary-general, Ace Magashule) due to extradition errors have fueled public frustration.
Legal expert Richard Spoor attributes these failures to “a lack of leadership, inadequate resources, and a failure to retain skilled personnel.”
He specifically highlighted how the NPA in the Cholota case “failed to follow the correct procedure for extraditing her from the US, leading to the charges being withdrawn.”
Adding to the NPA’s woes, Batohi herself a few months ago stirred controversy by speaking of “infiltration” within the institution, later clarifying her concerns about individual prosecutors allegedly working with criminals elements to sabotage cases.
Sources within the NPA at the time corroborated these concerns, citing instances of prosecutors allegedly tampering with dockets, fabricating evidence, or pressuring witnesses.
Political analyst Dr. John Molepo argues that the NPA’s repeated failures have fostered the perception that the institution is used against individuals who are regarded as a hurdle by the current political administration.
Molepo highlighted a stark contrast in the NPA’s reasons for prosecuting cases where a prima facie case has been established.
He said the incompetence within the NPA should have been met with heads rolling within the institution.
The DA has been vocal in its criticism, particularly concerning the composition of the panel Ramaphosa has appointed to select the new NDPP.
While President Ramaphosa’s spokesperson, Vincent Magwenya, dismissed the DA’s criticism as customary, reiterating the President’s confidence in the panel’s suitability, DA MP and spokesperson on justice, Advocate Glynnis Breytenbach, expressed “serious concerns”.
Breytenbach argued that the panel, chaired by Justice Minister Mmamoloko Kubayi and including representatives from various commissions and legal associations, “is completely devoid of criminal justice legal experts”.
“How can a panel devoid of any prosecutorial expertise nominate candidates for the most important prosecutorial position in South Africa?” Breytenbach questioned.
She emphasised the dire need for the new NDPP to rebuild a “collapsed” NPA.
Civil society organisations echo these concerns.
Anti-corruption watchdog Corruption Watch’s consultant Karam Singh stressed the urgent need to “restore trust that the police and prosecution services exercise their mandate without fear, favour or prejudice”.
He added that “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”.
Hennie Van Vuuren, director of Open Secrets, urged Batohi to take decisive action if senior officials are involved in corruption, stating that she “must ask the President to fire them”.
If the President fails to act, Van Vuuren believes the NDPP “should alert the public to this fact, so that we can hold the executive accountable for its inaction”.
mashudu.sadike@inl.co.za
