National Director of Public Prosecutions, Shamila Batohi, says the next two years are going to be crucial for the rule of law in South Africa. She made this statement to Parliament’s Justice and Correctional Services Portfolio Committee in October.
This entity is critical in pursuing those involved in state capture. This has resulted in some of the country’s crucial institutions, including law enforcement being undermined and weakened.
The Zondo Commission laid bare the details and extent of state capture. It left the country nearly bankrupt and depleted of crucial skills.
President Cyril Ramaphosa says during the years of state capture, state institutions were deliberately weakened by perpetrators of these acts. But since then, significant investments have been made to turn things around.
“More investment made into law enforcement. ID has enrolled 26 cases, 89 investigations, 165 in court for state capture-related cases.”
The National Prosecuting Authority, the crime-busting unit, was not spared either. However, Batohi says they are turning a corner.
“We are finally reaching solid ground. I think one of the indications that the NPA, that the wheels of justice are turning, is the increased attacks the NPA is facing, including comments like bias prosecutions, those are clear indications that those that fear accountability are trying to undermine the work.”
Professor Lukas Muntingh of the University of the Western Cape’s Dullah Omar Institute has been engaged in researching the NPA. He says while gains have been made, criticism of the justice system by ordinary South Africans is fair.
“There is an increasing sense of frustration with the performance of the criminal justice system and that can to a very large part be placed at the door of the NPA. So yes, on the one hand, one has to acknowledge that there has been significant progress and advances made in respect of high-level cases, but on the hand, if we look at regional courts, results aren’t as encouraging.”
Muntingh added that resources and capacity remain some of the challenges. And while many prosecutors left the NPA, questions must be asked about the competence of prosecutors.
“Especially in the district and regional courts to pursue especially corruption cases and slightly more complex cases involving financial crimes and organised crimes, and more not the run of the mill stuff. And there may be some significant shortcomings. Do prosecutors have the ability to take for example a forensic investigation from an auditing firm and translate that into a docket that can be placed before a court.”
