NPA ‘sharpens’ its teeth on state capture and corruption-related crimes and expands capacity

JOHANNESBURG, SOUTH AFRICA - FEBRUARY 16: A general view of the National Prosecuting Authority Offices in Pritchard Street on February 16, 2022 in Johannesburg, South Africa. The National Prosecution Authority (NPA) is the agency of the South African government responsible for state prosecutions. (Photo by Gallo Images/Fani Mahuntsi)

JOHANNESBURG, SOUTH AFRICA - FEBRUARY 16: A general view of the National Prosecuting Authority Offices in Pritchard Street on February 16, 2022 in Johannesburg, South Africa. The National Prosecution Authority (NPA) is the agency of the South African government responsible for state prosecutions. (Photo by Gallo Images/Fani Mahuntsi)

Published Jun 4, 2023

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Johannesburg - After suffering a series of setbacks on state capture-related crimes, the National Prosecuting Authority (NPA) has vowed to go after state capture-implicated persons with far greater aggression than before.

This comes after the crime fighting authority said it would adopt a "more strategic and focused approach" in prosecuting state capture and corruption-related cases.

The new and improved NPA stance on state capture crimes comes just as calls for national director of public prosecutions (NDPP), advocate Shamila Batohi, continue to grow following her "dismal" performance since taking over the NPA.

Early last month, United Democratic Movement (UDM) leader General Bantu Holomisa called for Batohi to resign over her dismal performance as the country’s public prosecutor.

On Friday, NPA spokesperson Mthunzi Mhaga said in a statement that the NPA is aware of the devastating impact that state capture and other forms of corruption have on our country and economy and will therefore spare no resources in going after those implicated in the Zondo report following the state capture inquiry.

In April, the NPA lost its first state capture case related to Nulane Investments, as well as the failure to extradite two of the Gupta brothers from the United Arab Emirates (UAE).

This past week, the Democratic Alliance (DA) in KwaZulu-Natal said it had lost confidence in the NPA after yet another defeat.

This also comes after former provincial deputy chairperson Mike Mabuyakhulu and 15 others were cleared of corruption charges after they were fingered in the R28.5-million North Sea Jazz Festival contract that was meant to take place in 2012 but failed to kick off.

Mhaga added that it is in the interest of justice for the NPA to prosecute state capture crimes and other complex corruption cases.

He said that under its present leadership, the NPA has prioritised the prosecution of these crimes.

"Drawing on lessons from recent setbacks and the findings of our capacity enhancement initiative, the NPA is further expanding and strengthening its prosecution capabilities relating to these cases," he said.

Contrary to media reports indicating the NPA does not have the capacity and skills to successfully prosecute state capture crimes, Mhaga said the NPA’s research confirms that it has a core of highly experienced and capable prosecutors who can effectively prosecute the bulk of serious cases on the court rolls. "Despite these capabilities, however, it is necessary to supplement these skills in view of the changing nature of crime, including its increased digital character and the growing complexity of corruption matters," he said.

He said the authority will be implementing an expanded approach in its bid to tighten its grip on fighting corruption.

These include strategic case co-ordination and prioritisation of impactful cases, as well as the use of seasoned prosecutors and specialised staff.

"In respect of state capture and other complex corruption cases, the NPA is adopting a more strategic and focused approach, allocating highly skilled additional resources to maximise its chances of success in ensuring justice and accountability. This expanded approach will allow us to do so," he said.

The Star