Cape Town — The Head of the National Prosecuting Authority (NPA), Shamila Batohi, said the decision to drop criminal charges against former Minister of Sports, Arts and Culture, Zizi Kodwa, is still under review.
Thecorruption charges against Kodwa were dropped and the NPA was asked to review the decision. The NPA said it may review a decision to prosecute or not after consultation with the relevant DPP. The NDPP would review the decision in line with the above-stated legal framework and communicate its decision.
Batohi was speaking during Freedom Under Law’s democracy lecture in Cape Town and said that it was unfair to suggest that there are any ulterior motives at play following Gauteng head of prosecutions, Andrew Chhauke’s decision to let Kodwa off the hook, EWN reported.
Batohi said President Cyril Ramaphosa had ignored her request to have Chauke suspended and believes he is committed to the effective running of the NPA.
Batohi: We need firm resolve of independent judiciary to ensure a fair but swift resolve in our cases. It affects the poor, women and children in particular. Fairness needs to represent the faith of the public in the organisation @NPA_Prosecutes @FreedomULaw
— Stellenbosch Journalism (@StelliesJourn) November 11, 2024
She also explained that the decision to review the dropped charges would take time as the NPA Act requires several parties to be consulted, and that it was unfair for the blame to be placed on Chauke.
“I will objectively deal with the matter and see whether the DPP [Director of Public Prosecutions] was correct or not, in my assessment,” she said.
She added that the financial and operational independence of the NPA will be important for future effectiveness.
According to SABC News, Batohi said the NPA would not succumb to any public pressure regarding any state capture-related cases. She said the NPA must, however, follow the rule of law.
“We appreciate that the public puts us under pressure but we will not succumb to pressure in the sense that we will not prosecute unless we know that we meet the standard required of reasonable prospects of a successful prosecution,” she said.
She said the NPA has suffered setbacks and it is part of the nature of the job.
“We must accept that these setbacks will happen. That these things happen in a criminal justice system and that people may also be acquitted. That is the nature of the job that we do,” she added, saying that the NPA must also be held responsible as it is part of strengthening the rule of law in South Africa.
“Each of us must be conscious that allowing the narrative that the NPA is failing, without critically analysing the facts, is not only flawed but also dangerous,” she added.
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Compiled by Matthew Petersen
