Which way for the NPA?

News24

13 hours ago

EDITORIAL: Which way for the NPA?
The National Director of Public Prosecutions (NDPP), Shamila Batohi, faced an expectedly challenging appearance before the justice portfolio committee this week.
While the National Prosecuting Authority (NPA) could draw some solace from last week's Supreme Court of Appeal (SCA) ruling in its favour in the Nulane case, significant concerns remain.
Key issues include the NPA's mishandling of the rape case involving pastor Timothy Omotoso, as well as the Free State High Court's decision that the extradition of Moroadi Cholota - accused alongside former Free State Premier Ace Magashule in the asbestos corruption case - was unlawful.
Adding to these concerns is the slow progress in prosecuting state capture cases, a point of criticism that continues to linger.
With just six months remaining in Batohi's term before her expected retirement next year, questions are being raised about what lies ahead for the NPA. Notably, there has been little clarity or action from the Presidency on when the process to appoint her successor will begin.
In this week's Friday Briefing, we examine the state of the NPA under Batohi's leadership. Has she delivered on her promises for reform since stepping into the role?
News24's legal journalist, Karyn Maughan reflects on two cases where she argues the failure of NPA leadership to put out legal fires before they imploded fundamentally compromised the administration of justice.
Casac's Lawson Naidoo explains why he believes the NPA has made some headway under Batohi's tenure.
Additionally, News24's parliamentary reporter, Jan Gerber, evaluates Parliament's role in the NPA's challenges, including the impact of funding shortages on the institution.
We also feature a Q&A with DA MP and former advocate Glynnis Breytenbach on what must be done to reshape the institution and restore its credibility.
Lastly, advocate Lauren Kohn from the Law and Governance Academy of Southern Africa delves into the recent SCA Nulane judgment, shedding light on what it reveals about the current state of our judiciary.
You can explore these perspectives and contributions in full below.
Set up to fail or maliciously incompetent? What NPA losses tell us
Despite high-profile court losses, prosecutions boss Shamila Batohi insists the National Prosecuting Authority (NPA) is doing a 'fantastic job'. But, Karyn Maughan writes that stance does not recognise how NPA leadership failures have jeopardised criminal accountability.
here.
Rebuilding justice: Nulane judgment offers redemption for the NPA
While the NPA has issues that need addressing, it is difficult to agree with those who wish to portray the NPA as an institution in crisis, in need of a root and branch overhaul, argues Lawson Naidoo.
Read the full contribution here.
NPA crisis: A chronicle of a snafu foretold
If you have been paying close attention to the National Prosecuting Authority's appearances before Parliament, as Jan Gerber has done, you wouldn't be surprised that the pawpaw has hit the fan at the prosecuting body.
Read the full contribution here.
Q&A with Glynnis Breytenbach | Saying NPA is 'doing a fantastic job' is 'bullsh*t'
As scrutiny on the NPA intensifies after it bungled a number of high-profile cases, in-depth writer Muhammad Hussain speaks to DA MP and former prosecutor Glynnis Breytenbach on what it will take to turn the leaky ship around.
Read the full contribution here.
SCA Nulane judgment vindicates the rule of law and NPA's important work
The real impediment to justice and equity was an affront to the rule of law perpetrated not by the National Prosecuting Authority in the Thabete case, but rather by the guardian of the rule of law itself, the judiciary – an affront that is now embodied for posterity in the Free State High Court's shockingly incorrect legal findings as set out in its judgment, writes Lauren Kohn.