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'Wheels of justice are now turning', NPA boss Shamila Batohi tells Parliament

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'Wheels of justice are now turning', NPA boss Shamila Batohi tells Parliament

National Director of Public Prosecutions advocate Shamila Batohi
National Director of Public Prosecutions advocate Shamila Batohi

16th November 2022

By: News24Wire

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The tide is turning. Impunity is no longer a given.

That is according to National Director of Public Prosecutions (NDPP) advocate Shamila Batohi, who has assured Parliament that the wheels of justice are turning.

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On Wednesday, the National Prosecuting Authority (NPA), the Hawks and the Special Investigating Unit briefed the Standing Committee on Public Accounts (Scopa) on the investigations into corruption at state-owned entities and the Department of Water and Sanitation.

"Over the past six months, since we were last before Scopa, the NPA's leadership and its staff – by design and not by default – have implemented key initiatives to rebuild a fit-for-purpose organisation to deliver accountability and uphold the rule of law. The Investigating Directorate (ID) has stable and competent leadership, whose successes result from enhanced internal and external collaboration and focused case prioritisation.

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"This strategy resulted in the enrolment of nine seminal cases at the end of September 2022, the product of long-standing investigations by the ID and Directors of Public Prosecutions (DPPs), in close collaboration with the DPCI (Directorate for Priority Crime Investigation, the Hawks)," Batohi said.

While speaking of successes, Batohi said work still needed to be done.

"The hard, focused work and close collaboration are bearing fruit. Criminals will exploit the gaps in law enforcement cohesion. We need clear strategies to stay one step ahead of them by ensuring our respective mandates align to close these gaps," she said.

Key to turning the tide at the NPA, Batohi said, was their focus on building the NPA into a fit-for-purpose organisation.

"The wheels of justice – grinding at first – are now turning and will gain momentum. Our actions demonstrate that impunity is no longer a given. We are confident that the rule of law will prevail," she said.

Batohi said several measures were established to increase capacity and strengthen the NPA's work. This included the establishment of the joint NPA and DPCI task force.

There is also a multiple partner approach between the DPCI, NPA (which includes the ID, Specialised Commercial Crimes Unit and Asset Forfeiture Unit) and Financial Intelligence Centre.

"Its mandate is to drive coordination and coherence in responses to Zondo [Commission] reports. Reliance on prosecution-guided investigation approach. [It aims to build] partnerships and adopt bold and innovative measures with the private sector to strengthen and supplement the skills of our prosecutors through specialised training and the contracting of forensic specialists, while zealously guarding our independence," she said.

Establishing the ID as a permanent entity is beneficial as it:

  • Facilitates attraction of needed specialised skills and qualifications
  • Provides security of tenure to investigators and prosecutors as permanent staff
  • Enables continuity in case work without risk of being recalled/reassigned, as is currently the case
  • Safeguards the independence of a pivotal corruption-fighting entity in SA architecture

President Cyril Ramaphosa announced that the ID would become a permanent organ in his response to the Zondo Commission's recommendations.

"Permanence will require legislative changes that will take time. In the interim, the minister has been asked to confer, by regulation, peace officer powers to ID investigators in terms of the CPA without delay to enhance significantly their ability to do their work," Batohi said.

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