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IOL News
18 hours ago
- Politics
- IOL News
Is the NPA failing South Africa? A deep dive into incompetence and corruption
The Bloemfontein High Court found that Moroadi Cholota's extradition to South Africa from the US was illegal. Image: Dimpho Maja / Independent Newspapers The National Prosecuting Authority (NPA) is facing a crisis of credibility, with a string of failed cases and allegations of incompetence and corruption. The recent decision by the Free State High Court to withdraw charges against Moroadi Cholota, the former assistant to former ANC secretary-general Ace Magashule, has highlighted the NPA's struggles. According to legal experts and political commentators, the NPA's challenges are deep-seated and multifaceted. According to Richard Spoor, a legal expert, the NPA's problems are rooted in a lack of leadership, inadequate resources, and a failure to retain skilled personnel. In the Cholota case, the NPA failed to follow the correct procedure for extraditing her from the US, leading to the charges being withdrawn. In other cases, such as the Koko and Nulane cases, the NPA has been accused of failing to secure cooperation from key witnesses. In October 2022, Matshela Koko and seven other people, including members of his family, were arrested on corruption charges relating to an Eskom contract. He was accused of soliciting bribes from Eskom contractors, who received lucrative contracts at Kusile Power Station. He was released a year later, and the court ruled that there was an unreasonable delay on the part of the State to proceed with the trial. Iqbal Sharma, the head of Nulane Investments, was also acquitted by Bloemfontein High Court Judge Nompumelelo Gusha, who said both the police and the NPA had been inept in their handling of the Nulane Investments fraud and money laundering case they had been facing. The NPA's failures have also been highlighted in several high-profile cases. In the case of former president Jacob Zuma, the authority has been accused of delaying and hindering prosecution. In Duduzane Zuma's case, the NPA's case collapsed due to a lack of evidence. The authority is currently pursuing an appeal against Nigerian pastor Tim Omotoso, who faced trial for approximately eight years on allegations of rape. Omotoso was acquitted after the NPA could not prove beyond a reasonable doubt that he was complicit, leaving the South African public outraged. NPA national spokesperson Mthunzi Mhaga did not respond to questions on what challenges the authority had or whether there was a lack of political support. However, responding to questions from journalists after the Cholota case, he said the NPA was "taken aback by the judgment" because the NPA believed Cholota and her lawyers were effectively appealing against the United States judgment, which permitted her extradition from there. Experts believe the NPA's problems are exacerbated by a lack of political will to support the institution. Spoor said the ruling by the Free State High Court on Cholota's extradition highlighted a consistent pattern of failure on the NPA to prosecute high-level corruption cases effectively. "The underlying reason for the ruling is that her extradition from the US was not done in accordance with international law in that the wrong procedure was followed because the request should have been made by the national Department of International Relations and Cooperation, not by the provincial authorities as has happened in this case," Spoor said. He added that the National Director of Public Prosecutions charged Cholota with offences other than the offence for which she was extradited. "This violates the so-called 'speciality principle' which is designed to protect the rights of the extradited person and to uphold the integrity of the extradition process. There are also suggestions that the NDPP lied when it made representations to the US authorities," Spoor said. Political analyst Professor Sipho Seepe said the NPA's failures have given the impression that the institution has been weaponised against certain individuals. "The NPA has not displayed the same appetite for prosecuting cases where a prima facie case has been established," Seepe said. "Bungling the NPA undermines the entire criminal justice system. This has given the impression that the institution has been weaponised against individuals who are regarded as a problem by the current political administration. "Former Chief Justice Zondo is the latest to express himself on Phala Phala, pointing out that Ramaphosa should have resigned. Advocate Ngalwana SC has pronounced himself much earlier on the subject. "The same NPA was eager to frivolously charge the likes of Carl Niehaus for violating the Covid-19 regulations… We know for a fact that it did the same when it targeted Duduzane Zuma. The case against him collapsed," Seepe said. He added: "The Koko case, the Nulane case, and that of Cholota give credence to an institution that has allowed itself to be embroiled in the factional battles of the ANC… Ordinarily, such repeated bungling should have led to the resignation of the individuals involved. Alternatively, they should have been fired." Experts contend that the NPA's problems are systemic and require a comprehensive solution. Sandile Swana, a political analyst, said the NPA's problems are rooted in corruption and incompetence. "The NPA, province by province, a significant number of prosecutors are corrupt," Swana said. "In other words, they are easily manipulated by powerful professionals, well-managed criminals, and criminal syndicates." He added that coordination between detectives and the NPA is substandard. "The engagement between the SAPS and the NPA prosecutors long before anybody is charged should test the quality of charges, the quality of any submissions that should be made," he said. He added that the quality of personnel the NPA possesses, including its leader, Shamila Batohi, was below the standard that is required to prosecute crime successfully in South Africa. [email protected] [email protected]
Daily Maverick
a day ago
- General
- Daily Maverick
The NPA illustrates the rot within South African institutions
The decision by the Free State High Court to withdraw charges against Moroadi Cholota, the former assistant to former ANC secretary-general Ace Magashule, reveals the level of crisis within the NPA. But the NPA is just one example of a government institution in which officials either resist change or simply refuse to work, often aided by politicians. There will, no doubt, be several legal examinations of Tuesday's decision, in which Judge Phillip Loubser said his court had no authority to try former Free State premier Ace Magashule's former assistant, Moroadi Cholota, because the NPA had instituted her extradition from the US, while legally it should have been the Justice Ministry. While the legal correctness of this decision might be examined by higher courts, the public perception is likely to be dominated by a question of why legal technicalities matter so much. Of course, to lawyers, judges and the rule of law, they absolutely matter. But to many people, they are simply a way for people to avoid justice. The best example of this is former president Jacob Zuma, who has been able to avoid a fair trial since 2003. No accountability for the powerful The message this sends is that there is no accountability for those in power. But it also suggests that despite the reams of evidence heard at the Zondo commission, and the findings that it made, no convictions will come from it. For the moment, it seems that there is no big desire by voters to change our legal system, to remove some of the rights of those accused of wrongdoing. Considering our past, this is entirely legitimate. But if those in power continue to be able to avoid accountability, it is likely that first, trust in the justice system will continue to decline, and second, parties that propose limiting the rights of the accused will grow stronger. One of the important lessons from the NPA is that despite having independent leadership that appears determined to deliver justice, the institution itself is still very weak. The history of how the NPA was captured was being written almost in real time. People like Lawrence Mrwebi or Nomgcobo Jiba were in leadership positions there for many months. Both were found by the courts to be 'not fit and proper' for their positions. During the time they were there, it is likely that they packed the NPA with people who either supported their views or would never challenge their views. Ramaphosa But politicians have played an important role in keeping the NPA weak, too. Perhaps the person who has played the biggest role in weakening the NPA is President Cyril Ramaphosa. One of the important figures in the NPA during the State Capture period was the head of prosecutions in Johannesburg, Andrew Chauke. He was involved in delaying cases against former Gauteng Health MEC Brian Hlongwe and helped to bring a now debunked case against former KwaZulu-Natal Hawks Head Johann Booysen (Chauke has delivered a robust response to the claims against him, including in a TV interview with this writer). In 2023, National Director of Public Prosecutions Shamila Batohi formally asked Ramaphosa to suspend him from his position (under the law, only the President can suspend someone in this job). Two years later, Justice Minister Mmamoloko Kubayi said that the matter was at an 'advanced stage'. This is nonsense. If Ramaphosa really believed in the rule of law, and if he wanted a properly independent NPA, he would have suspended Chauke the moment he could. Worse for the NPA has been the Justice Ministry's refusal to share the Zondo commission database with it. Again, this must be deliberate. Even if there is some legal reason to make this difficult for the NPA, this would be for the courts hearing State Capture prosecutions to determine, not the Justice Ministry. However, it must be remembered that the situation at the NPA is repeated in many other institutions. Culture of resistance On Monday, the chair of the National Lotteries Commission, Barney Pityana, told 702's Bongani Bingwa about the difficulties he is facing in fixing the organisation, after the incredible corruption that happened there. Pityana appeared to be particularly critical of former Department of Trade, Industry and Competition minister Ebrahim Patel. One of his problems is that only the minister can appoint distributing agents to distribute funds, and the commission only had two or three when it should have had 11. As Pityana put it, 'For a long time, minister Patel was stuck with this appointment for reasons best known to him.' Pityana also said that within the organisation, 'There's internal resistance to some of the changes being made in the organisation, therefore compliance, we admit, has been a very difficult issue.' Pityana is almost pointing to a culture of people in important organisations that resist change. In some cases, it may simply be that they do not believe there is any reason for change. Or that workers in many government institutions feel that there is no reason for them to work, because it seems virtually impossible for them to be fired. The Sunday Times published an important report last weekend about the situation in Gauteng metros. It would appear that many permanently employed workers tell bosses that they can't be fired, and thus can't be forced to work. This culture has been evident in councils for many years. It could explain why services do not improve, whether it is a DA-led coalition taking over from an ANC-led coalition or the other way round. This toxic mix of a refusal by workers to change, and political interference (or so often just a refusal to act), may help to explain why so many institutions are not improving. Unfortunately, coalition politics is unlikely to make major changes. In institutions where this culture exists, workers may feel they can just outlast a new boss, knowing that they will still be there after she becomes frustrated and leaves. Ministers and others with political authority are likely to continue interfering or just doing nothing. This means that we can continue to expect the NPA, and so many institutions like it, to simply keep stumbling. DM
The Citizen
2 days ago
- General
- The Citizen
NPA failures need more scrutiny
The NPA's inability to jail state capture suspects like Moroadi Cholota continues to erode public confidence. The National Prosecuting Authority (NPA) considers that it was unlucky in the ruling handed down by the Free State High Court in Bloemfontein which allowed one of former Free State premier Ace Magashule's corruption co-accused to walk free. NPA national spokesperson Mthunzi Mhaga said the organisation was 'taken aback by the judgment' because the NPA believed Moroadi Cholota and her lawyers were effectively appealing the United States judgment which permitted her extradition from there. Clearly, he missed Bloemfontein judge Philip Loubser stating 'it is undeniable that the state presented false and incorrect information to United States authorities', information upon which those authorities acted in good faith and deported Cholota. Without getting into the legal minutiae, this is clearly another example where the NPA has failed to progress a case against a high-profile state capture accused. It has now been eight years since the release of the 'Gupta Leaks' information which fingered a host of ANC-connected individuals in state capture. ALSO READ: NPA 'taken aback' over Moroadi Cholota extradition ruling, hints at appeal In that time, the NPA has failed in a number of attempts to finalise successful prosecutions, including those involving the Estina Dairy, former Eskom executive Matshela Koko, ANC politician Zizi Kodwa and the extradition of the Gupta brothers from the United Arab Emirates to stand trial in South Africa. It's an often-aired, but manifestly true, complaint from the public that, despite the massive coverage of apparently well-sourced allegations in the media about state capture, no politician or business person has ended up behind bars wearing an orange prison uniform. There are three possible reasons for that. First, all these good citizens are innocent and it has been a plot by white monopoly capital-bought media. Second, the level of incompetence within the NPA beggars belief. Finally, the NPA is being 'persuaded' – one way or another – to not do its job properly. You decide which one is most likely… NOW READ: NPA lacking in lottery probe
The Citizen
3 days ago
- General
- The Citizen
NPA ‘taken aback' over Moroadi Cholota extradition ruling, hints at appeal
Judge Phillip Loubser ruled that Ace Magashule's former personal assistant was 'free to leave'. Moroadi Cholota ( former PA to former Free State premier Ace Magashule) appears at Bloemfontein High Court on 5 May 2025. Picture: Gallo Images/Mlungisi Louw The National Prosecuting Authority (NPA) says it will return to the drawing board after Moroadi Cholota's extradition from the United States (US) was declared unlawful. On Tuesday, the Free State High Court in Bloemfontein ruled that it lacked jurisdiction to try Cholota on corruption charges, stating that the administrative processes behind her extradition had not been followed in accordance with the law. Judge Phillip Loubser ruled that she was 'free to leave'. Cholota was one of 18 co-accused in the R255 million asbestos corruption case involving former Free State premier Ace Magashule. The main trial is scheduled to resume on Wednesday. NPA reacts to judgment on Moroadi Cholota's extradition NPA national spokesperson Mthunzi Mhaga expressed the authority's surprise at the court's decision, emphasising the state was of the view that Cholota's special plea was a disguised appeal. 'We really are taken aback by the judgment itself because you'll recall the view that we held that it was more of an appeal in South Africa on a foreign state judgment in circumstances where they had not utilised or explored the appeal processes in the United States,' he told the media. Mhaga confirmed that the prosecution team would review the court's ruling and consider further legal steps. 'At the moment, we'll have to regroup as a team and reflect on the judgment and see if we can identify grounds upon which the judgment could be appealed, given its impact.' ALSO READ: Free State asbestos trial: State accused of ruining life of Magashule's ex-PA Moroadi Cholota He maintained that the state remained confident in the integrity of its prosecution efforts. 'The feeling from the team was that the conduct was above board in the allegations that were made against the investigating officers. 'Unfortunately, the judge found otherwise and, therefore, it is one of the issues that we have to reflect on,' Mhaga said. Asbestos Judgment (trial within a trial) Free State High Court June 3, 2025 'If we find a basis which allowed so that the judgment could be appealed, that determination will be informed by that process. 'What is important for now is to reflect on it, process it because it is a judgment that has the effect of a final order because we cannot charge her now unless the decision is overturned by a higher court in the event that we take a decision to appeal it,' he explained. NPA challenges SCA ruling Mhaga also addressed the court's finding that the state had made 'misrepresentations' to US authorities. 'If you're saying we must take accountability for the findings made by the judge in circumstances where I make it clear that we will still reflect on the judgment and see if there are grounds to appeal it, it's not fair.' He also noted that Loubser referenced a 2024 Supreme Court of Appeal (SCA) judgment concerning the extradition of South Africa-born artist Johnathan Schultz. The SCA found that the NPA lacked the legal authority to request extradition, as that power resides with the Minister of Justice. Mhaga revealed that the NPA has already moved to challenge that ruling. 'For the record, we have filed an application for leave to appeal against it in the Constitutional Court, albeit on limited grounds. The NPA stated that it will consider the technicality to determine how much it influences the decision on whether or not to appeal the judgment. NOW READ: 'What if she went on holiday': Hawks investigator grilled on 'surprise' US trip for Magashule's ex-PA
eNCA
3 days ago
- Politics
- eNCA
Court finds Cholota extradition from US was unlawful
BLOEMFONTEIN - The Free State High Court delivered judgment in the trial-within-a-trial involving Moroadi Cholota. She's accused alongside former Free State Premier Ace Magashule in the asbestos corruption case. Judge Phillip Loubser ruled her extradition from the US was unlawful. "The extradition of Ms Cholota from the USA to the Republic of South Africa is declared to have been done unlawfully for want of a valid and lawful request for her extradition by the South African executive power," Loubser said. "This court does not have the jurisdiction to try Ms Cholota on the offences she is charged with." She claimed she was taken illegally and that the court has no jurisdiction to prosecute her.
