Ramaphosa calls high-level meeting with Shamilla Bathoi following allegations of NPA infiltration
Advocate Shamila Batohi is due to meet President Cyril Ramaphosa over her recent comments about the state of affairs at the NPA.
Image: File
A RECENT utterance by Advocate Shamila Batohi, the National Director of Public Prosecutions, has resulted in her being summoned to a meeting with President Cyril Ramaphosa.
Bathoi's suggestion that the National Prosecuting Authority, the entity that she heads, has been 'infiltrated' and that its integrity might be compromised as rogue prosecutors collude with criminal elements to undermine the authority's work, has resulted in Ramaphosa's reflex action.
Her comments, last week has become a major talking point.
Therefore, the meeting, which will be highly anticipated, especially since there has been widespread calls for Bathoi to step down based on the NPA's failings, especially in high-profile matters, is poised to be a pivotal moment in South Africa's legal landscape.
In a series of candid interviews, Batohi expressed her concerns over what she described as significant breaches of conduct within the NPA, raising alarms about the independence of South Africa's judicial framework.
'The NDPP did make that statement and she later said she used the wrong word about the infiltration.
I'm going to have a meeting with her so that she can really download and take off the chest some of the challenges,' Ramaphosa stated during a visit to Sefako Makgatho Primary School on Tuesday.
Cyril Ramaphosa and chief prosecutor Shamila Batohi set to meet.
Image: Jacques Naude/African News Agency/ANA
The president acknowledged the importance of the meeting, where Batohi will have the opportunity to clarify the scope of her claims and discuss the implications for the NPA's integrity.
Despite the unrest surrounding her statements, Ramaphosa expressed confidence in the progress the NPA has made, saying, 'The NPA has really done considerable work to stabilise itself as well as go on with various prosecutions.'
He emphasised the need to recognise the challenges faced by the authority while avoiding an overarching narrative that dismisses its achievements.
The NPA has faced mounting scrutiny for its handling of high-profile cases, particularly those linked to state capture and the contentious sexual assault trial of Nigerian televangelist Timothy Omotoso.
In light of Batohi's comments, criticism has intensified, prompting various political parties to voice their opinions on her future at the helm of the NPA.
ActionSA has called for her resignation, labelling her leadership as ineffective in light of the NPA's shortcomings, while the Democratic Alliance (DA) has rallied behind her, vehemently opposing calls for her dismissal.
In a robust response to her critics, Batohi has maintained her stance, asserting that she remains steadfast in her role and is not considering resignation.
Her term as NDPP is set to expire in January 2026, a period during which she hopes to resolve both internal conflicts and external pressures affecting the NPA's operations.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Daily Maverick
2 hours ago
- Daily Maverick
Justice delayed, justice derailed — acting judge's ‘litany of errors' in Nulane case dealt blow to accountability
An acting judge's misunderstanding of the law has, for two long years, delayed accountability for alleged State Capture. The high court judge's pronouncements unfairly embarrassed the National Prosecuting Authority (NPA) and demoralised courageous prosecutors fighting to restore faith in South Africa's justice system. Thankfully the Supreme Court of Appeal (SCA) has now set aside the Nulane judgment. Stingingly, the SCA found that 'the acquittal of the respondents was unfair to the prosecution and compromised the administration of justice'. Why is the Nulane case so important? In 2022, a mix of officials and businesspeople shuffled into a cold Bloemfontein dock, facing charges of orchestrating a R25-million fraud. With this, the NPA brought its first State Capture case to trial. Although R25-million was a pittance compared with what the Guptas would later purloin, Nulane was a dress rehearsal for the later schemes. The fraud itself appears glaringly obvious. In 2012, a Gupta-linked, foreign scrap metal company suddenly announced its intention to invest in an emerging farmers project in the Free State. Strangely, the foreign company insisted that a company it did not name must conduct a feasibility study first. Somehow, Nulane, owned by Iqbal Sharma, was appointed to that role. Evidence showed how Free State officials set about manipulating procurement processes to falsely and quickly appoint Nulane as a sole supplier. The feasibility study simply was outsourced to Deloitte for just R1.5-million. Nulane merely slapped its logo on the final report and sent invoices to the Department of Agriculture. The money went to Nulane and R19-million then ricocheted through various Gupta-controlled bank accounts before being siphoned off to Dubai. By the time the trial began, the Guptas had long fled South Africa. Smaller fish faced charges for PFMA breaches, fraud and money laundering. Despite evidence to the contrary, much of it common cause, the high court outright acquitted one of the accused and granted section 174 discharges to the rest. The high court declared that there was 'not an iota' of evidence to even answer. The acting judge excoriated both the prosecutors and police for presenting a 'lackadaisical' case. The documentary evidence amounted to 'zilch', the judge proclaimed. The investigation was a 'comedy of errors', a phrase the judge called 'the understatement of the millennia'. This insult warrants scrutiny. Did the acting judge mean that no investigations across thousands of years, from Meletus's inquiries into Socrates, were more incompetently conducted than Nulane? Or did she mean the singular noun millennium, thus restricting her comparison to all the other bad investigations since January 2000? Ironically, the high court's reasoning is now discredited on all these scores. The SCA judgment chronicles a litany of errors, misconceptions and misconstructions; some so basic as failing to apply the elements of fraud to the facts. As for the acting judge's finding that the documents proved 'zilch', the SCA found otherwise. The documents and money flows established a prima facie case of fraud and money laundering which the accused should have been called upon to answer. On 'zilch', the SCA remarked: 'The use of this colloquialism is unfortunate; it does not belong in a judgment.' Thank goodness the State appealed. The stakes were high not only because the acquittals were wrong but because the high court judgment undermined extradition efforts. The collapse of Nulane led to the Guptas walking free in Dubai. The judgment also destabilised case theories for prosecuting other State Capture crimes. The court's position on accomplice witnesses, best evidence, common purpose and section 174 discharges created ripple effects that reverberate today. It is heard tell that the high court's errors emboldened magistrates in Free State courts to discharge other financial crime suspects with alarming ease. When cases are lost, criticism of prosecutors is often merciless. Media outlets joined the chorus of social media condemnation. The otherwise astute investigative journalism platform amaBhungane released a video suggesting that Nulane prosecutors lacked sufficient skills for what should have been a slam-dunk case. Legal reporting guru Karyn Maughan proclaimed that the acting judge 'was absolutely justified in describing it as a comedy of errors'. Maughan said she would be 'absolutely amazed' if the State succeeded in its appeal application. It will be amazing to see an apology to the vilified prosecutors and SAPS investigator. The media's ridicule compounded what was an intensely demoralising experience for NPA advocates Witbooi and Serunye and SAPS investigator Lieutenant Colonel Mandla Mtolo. How they managed to persevere despite such unfair criticism is hard to imagine. Of course every prosecution can be improved. But it was the fact that the judge had 'closed her mind to the evidence adduced by the State' that really prevented the NPA from advancing the State's case, as the SCA noted. The NPA's resilience deserves praise. In this instance, the real issue lies not with prosecutors but with wiser case allocation. State Capture cases cannot be entrusted to judges susceptible to their own 'comedy of errors'. The NPA chief, advocate Shamila Batohi, has herself implored heads of court to appoint experienced judges to seminal matters. A similar hint rang out in Bloemfontein's quaintly dilapidated SCA courtroom B when State counsel, Nazeer Cassim SC, remarked that high-stakes cases should be assigned to judges capable of navigating complex legal terrain. It was acting SCA Justice Cagney Musi (also Free State Judge President) who assigned the Nulane case to the acting judge who so badly mishandled it. As Justice Musi pored over his division's work, he must have regretted his decision. Wayward acquittals are a danger. They imperil South Africa's fragile hope of salvaging itself from ruin. Without the credible prospect of prison, South Africa's kleptocracy will only expand until the justice system is nothing but a laughable, hollow threat. One can only but agree with the SCA's finding that the way the high court trial was conducted 'can be summed up in a single sentence: This was a failure of justice. Regrettably, this erodes public confidence in the criminal justice system.' This critique is not about singling out a judge any more than a judge singled out police and prosecutors. Rather, Nulane serves as a lesson in how mistaken opinions, judicial and public, can delay accountability and demoralise those tasked with wielding justice on society's behalf. Nulane also forces us to confront larger questions. 'How many other Nulane judgments are out there?' This is a troubling question. Much like the temperature this week, the standard of acting appointments has, by all accounts, been plummeting for some time. This phenomenon is so noticeable, it has crept into techniques of civil litigation. No matter how strong a party's case may be, many are induced to take a puny settlement rather than risk the potluck of the court roll. Yet this should not be so. High court trials carry huge social stakes. They're not a CCMA con-arb or housebreaking case. It's all very well to develop lawyers or magistrates by gifting them an acting stint. However, acting judges still need to be drawn from an intellectual and professional elite. A deep, nonracial strata of legal excellence exists in South Africa. Many inspired acting appointments are routinely made and these represent the breadth of legal talent in South Africa, so this is not a 'transformation' issue. The problem is the almost back-of-the-envelope selection of adjudicators we see sometimes. The 'proletarianisation' of the Bench is a threat to the state's legitimacy. The goals of inclusion and professional development must be tempered by a primary duty to select judges capable of deciding cases competently. This is the essence of the 'fair public hearing' promise the Constitution contains. It is especially hard for poor and already marginalised litigants to fix the damage made by learner-judges on appeal. As things stand though, NPA prosecutors have been vindicated by the SCA. Nulane also teaches judges and commentators alike to be less star-struck by defence counsel and their adamant speeches and charming tutelage. A careful examination of the record, not only snippets of the argument or judgment, will often reveal that less-flamboyant career prosecutors have indeed made out a case, at least to warrant the accused mounting a defence. Shakespeare's Hamlet lamented the law's delay and the insolence of office. Thankfully, the SCA has set matters right, for now. The NPA can do better but so can the judiciary. South Africa cannot afford further derailments in its pursuit of justice against the greedy stokers of our ruin. DM


The Citizen
5 hours ago
- The Citizen
Here's how much police are offering for info to catch IFP MP's killer
Sithole was killed earlier this month at Buyafuthi hostel in Katlehong, Gauteng. Gauteng police have issued a reward of R60 000 for information that will lead to the arrest and successful conviction of a suspect wanted in connection with the murder of former IFP Deputy Chief Whip Khethamabala Sithole. Police are searching for Zamani Ngila Ximba, a third suspect wanted for the murder of Sithole. Officers made a breakthrough earlier this month and arrested two suspects linked to the murder of Sithole. Wanted suspects The two appeared in the Palm Ridge Magistrate's Court earlier this month. The case was postponed to 12 June for a formal bail application.` Police spokesperson Lieutenant Colonel Mavela Masondo said Ximba is also wanted for the attempted murder of two other people at Buyafuthi Hostel in Katlehong on the 31st of May 2025. 'The suspect is tall, dark in complexion and deemed armed and very dangerous'. Sithole was killed earlier this month on a Saturday evening at Buyafuthi hostel in Katlehong, Gauteng. Provincial secretary Alco Ngobese was also injured in the shooting and is currently receiving treatment. ALSO READ: Was it really a hit? IFP update on deputy chief whip's death Bail The National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane said the two accused who appeared in court could not be named at this stage to 'protect the ongoing investigation process.' 'Both accused are in custody, and they are facing charges of murder, attempted murder, and possession of an unlicensed firearm and ammunition. Investigations are ongoing, with the possibility of adding more individuals'. Not politically motivated The IFP confirmed that Sithole's murder was not politically motivated. It had earlier labelled the murder as an 'assassination', with several political parties calling for tolerance and an end to political killings. Speaking outside court, IFP Gauteng Provincial Chairperson Bonginkosi Dhlamini said the party is saddened by the murder of Sithole. 'We are relieved that the suspects appeared today here in court. We can confirm it has nothing to do with politics, but it has everything to do with what police will divulge at the right time.' Dhlamini said the IFP is opposed to the suspects being granted bail. ALSO READ: Pakistani national spaza shop owner arrested in murder case of 14-year-old Likhona Fose


eNCA
7 hours ago
- eNCA
SCA to rule in Nulane Investments case
BLOEMFONTEIN - The Supreme Court of Appeal is set to rule on the NPA's bid to overturn the acquittal of Nulane Investments fraud accused. The suspects were arrested for fraud and money laundering amounting to R25-million. The State is pushing for a retrial of Gupta associates and senior Free State officials. The first State Capture trial ended in the accused walking free. At the heart of the matter are government payments to Nulane for a feasibility study.