Latest news with #StateCapture
Daily Maverick
9 hours ago
- Politics
- Daily Maverick
Shamila Batohi and the NPA's week from hell — Failed extradition and calls for her resignation
There have been calls for NPA boss Shamila Batohi to resign following the entity's ongoing failure to prosecute State Capture cases. Batohi claims there are no fundamental problems in the NPA. On Friday, 6 June 2025, ActionSA called for advocate Shamila Batohi to be removed as the head of the National Prosecuting Authority (NPA) following the latest defeat in a State Capture prosecution. Meanwhile, the DA has revealed a set of reforms it believes can improve the justice system. These announcements follow this week's ruling by the Free State Division of the High Court in Bloemfontein, where Judge Philip Loubser found the extradition of Moroadi Cholota, the former personal assistant of corruption-accused former Free State premier Ace Magashule, was unlawful and unconstitutional on the basis that the extradition was requested by the NPA rather than the justice minister. This is related to the ongoing trial of 17 accused, including Magashule, over the tainted R225-million asbestos audit project in the Free State. The 17 accused, which include companies, are faced with 70 counts of corruption. On Friday morning, ActionSA parliamentary leader Athol Trollip said the party called not only for Batohi's removal as the National Director of Public Prosecutions, but a 'full parliamentary inquiry' into what they claim is the NPA's 'ongoing prosecutorial failures and the extent to which political interference has infected its operations'. Trollip said the NPA had 'once again exposed its deep dysfunction, either through incompetence or wilful neglect' in the ongoing asbestos trial and the handling of Cholota's extradition from the US. 'This is not an isolated blunder, but part of a disturbing and entrenched pattern. The NPA has become a refuge for the politically connected, a place where accountability is avoided, justice is delayed, and prosecutions collapse with shocking regularity. 'Under Shamila Batohi's leadership, the NPA reels from one scandal to the next. South Africans are left wondering if these failures are merely a result of incompetence, or is there a deliberate agenda to protect the corrupt?' said Trollip. The NPA has come under fire on multiple fronts. Accountability Now director Paul Hoffman told Daily Maverick: 'The bottom line of the judgment is that they used the wrong procedure in the extradition — they got the wrong person to ask for the extradition.' This, he said, 'upsets the entire apple cart and makes the extradition invalid, and once the extradition is invalid, then the court has got no business sitting in judgment over the person who has been extradited'. Hoffman explained: 'At the time that they did the extradition, the Supreme Court of Appeal had not made the ruling which says that it's not for the prosecutors to ask for the extradition… It's for the ministry of justice to ask for the extradition.' He continued: 'It's really not a typical bungle, but it's just another bungle.' Batohi and the NPA respond On Thursday night and Friday morning, Batohi has been on a media blitz responding to questions around the NPA. During an interview with Newzroom Afrika, Batohi confirmed her team had met with Justice and Constitutional Development Minister Mmamoloko Kubayi to reflect on this week's ruling. She revealed this centred around how pending and future extraditions would work. 'There's no fundamental problems in the NPA,' she told the broadcaster in an interview that spanned more than 2o minutes. She said that in the case of the acquittal of Nigerian televangelist Timothy Omotoso on charges of rape and human trafficking, among others, 'that broke my heart' because of her fight for justice for victims of gender-based violence. Batohi said: 'It's easy to put Shamila Batohi as the face of failure, but we really need to look at the challenges we're facing (systemically).' In addition, she said that while she was 'disappointed by the setbacks' within prosecutions, she was 'proud of the progress so far' by NPA staff, the majority of whom she said were 'dedicated and committed' to the rule of law. DA calls for reforms Following the Cholota ruling, the DA said it would write to Parliament's justice committee so the NPA could 'account for yet another unacceptable failure in prosecuting State Capture cases'. On Friday, the party's spokesperson on justice, Glynnis Breytenbach, said the DA would bring the issue to next Tuesday's justice committee meeting. During a media briefing on Friday morning, Breytenbach, a former state prosecutor, said: 'In the high-profile State Capture matter involving Ace Magashule's former PA, Moroadi Cholota, the NPA bungled the extradition request by using the wrong authority — a mistake that now risks derailing accountability in yet another major case.' The party is proposing a set of reforms, including passing the DA's 'Scorpions 2.0' Bill to create an independent Anti-Corruption Commission with the power to investigate and prosecute high-level corruption, free from political interference; amending the Constitution to ensure the NPA head is appointed by Parliament, and not by the president; the introduction of a dedicated parliamentary oversight subcommittee to keep the NPA accountable; and fighting for better funding, smarter recruitment, and stronger retention of experienced prosecutors. Breytenbach dismissed calls for Batohi's removal. She said the party would not table such a motion, and 'we would certainly not support it'. 'The national director is not the problem at the NPA. It's not a one-man job or a one-woman job. While I think that she could possibly have done things differently, she is not doing a bad job, and the failures of the NPA are not, you know, attributable to her and her alone.' Breytenbach said the process of appointing Batohi's replacement was 'something that concerns us deeply, and we've raised that more than a year ago already'. Batohi will turn 65 in January 2026 and retire at that point. Breytenbach said the process should include public participation, following the process President Cyril Ramaphosa used to appoint Batohi. This, she said, was laudable: 'So we're hoping that he will do that again.' She said the longer the process was postponed, the more dangerous it could become. 'It's a process that I would like to see start yesterday,' she said. DM
Daily Maverick
2 days ago
- Business
- Daily Maverick
SA almost has a Budget — finance committee adopts fiscal framework, despite MK and EFF rejections
After multiple false starts, a key aspect of the 2025 Budget was adopted in Parliament on Wednesday, with the support of the ANC and DA. When the second iteration of the 2025 Budget came before Parliament's finance committee in April, the divisions in the Government of National Unity (GNU) were on full display. The Democratic Alliance (DA) refused to support the adoption of the fiscal framework and it only moved through the committees and then the National Assembly thanks to the support of non-GNU parties such as ActionSA. On Wednesday, 4 June, the GNU's largest members, the African National Congress (ANC) and DA, finally found each other and the fiscal framework was passed by a vote of seven to three. The passing of the fiscal framework is a key step in the budgeting process. This framework establishes economic policy and revenue projections and sets the overall limits to government spending. This report must be adopted within 16 days after Finance Minister Enoch Godongwana tables the Budget. While the DA opposed the fiscal framework in Budget 2.0, Wednesday's situation was different, with both the ANC and DA supporting the measure against the opposition of the Economic Freedom Fighters (EFF) and uMkhonto Wesizwe (MK) party. Wednesday's meeting was briefly halted to find a bigger venue in Parliament to accommodate all the MPs, journalists and officials, as well as ensure it was recorded, in line with MPs' requests. There were several comments and queries by MK party MPs, including axed finance minister Des van Rooyen and former Eskom boss Brian Molefe. At one point, Molefe said the fiscal framework should include the expanded unemployment rate (43.1%) rather than the narrow definition (32.9%), but his suggestion was shot down. The MK and EFF also criticised the increase in the fuel levy, with Molefe describing it as 'regressive' and 'not pro-growth'. On Tuesday, the Western Cape Division of the High Court dismissed the EFF's urgent bid to block the fuel levy increase. Issues were raised on whether the Budget was that of an austerity budget, denied by the ANC – an answer the MK party and EFF continued to reject. It was questioned several times during the meeting whether MPs were making points simply to grandstand 'because there were cameras'. This seemed evident when EFF MP Omphile Maotwe raised objections over a section of the report that dealt with 'not providing bailouts' to state-owned entities (SOEs), rather than 'capitalising SOEs'. Maotwe said she was at Transnet when she claimed it had been successful under the management of fellow finance committee member Brian Molefe – the former Transnet CEO turned State Capture accused, and now a member of the MK Party on its parliamentary benches. Next week, the National Assembly will vote on whether to adopt the fiscal framework in a sitting at the Cape Town International Convention Centre. When the fiscal framework is passed, other steps in the budgeting process include the passing of the Division of Revenue Bill and the Appropriation Bill. During the tabling of the fiscal framework in the National Assembly in April, the ANC appeared jubilant when it was passed without the DA's support, while the DA had harsh words for the ANC and other parties who supported that version of the Budget. It's unlikely there will be such acrimony next week. DM
Daily Maverick
2 days 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
Daily Maverick
2 days ago
- General
- Daily Maverick
NPA's series of legal bungles undermines public confidence in SA's justice system
There is a well-known, albeit facetious, saying in legal circles in the United States of America that underscores the ease with which prosecutors can obtain indictments from grand juries: 'A grand jury would indict a ham sandwich.' While one might accuse National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi of a litany of missteps, the one charge that could never justifiably be levelled against her is that she has lived up to the expectations of her office since her appointment six years ago. Let me explain. Having assumed her role as head of the National Prosecuting Authority (NPA) amid much fanfare and soaring expectations, Batohi's palpable urgency to atone for the prosecutorial authority's past and current failings is unmistakable. Yet, her tenure has been marked by a series of high-profile and, some would argue, spectacular missteps — ranging from the bungled prosecutions of the Gupta brothers, Matshela Koko and Timothy Omotoso, to the recent handling of allegations against Moroadi Cholota in the ongoing corruption case involving former Free State Premier Ace Magashule. Collectively, these failings have arguably inflicted greater damage on the credibility of the NPA and the rule of law than the cumulative legacy of all her predecessors. Were it not for the grave consequences of judicial rebukes in response to the NPA's prosecutorial blunders, one might be forgiven for mistaking the NPA for a travelling act worthy of challenging the Boswell Wilkie Circus. However, unlike a circus — whose purpose is to entertain — the NPA is a constitutionally empowered institution entrusted with the solemn duty of advancing justice, upholding the rule of law and prosecuting crime without fear, favour or prejudice. That such an institution should repeatedly find itself the subject of judicial reprimand is not merely embarrassing — it undermines public confidence in the justice system itself. One could hardly blame discerning observers for believing that, under Batohi's tenure, failure is not merely tolerated but has become an aspirational key performance indicator. Cholota, who stood as a co-accused alongside her former boss, Magashule, and 16 others, challenged the lawfulness of her extradition from the United States last year — and, by extension, the court's jurisdiction to prosecute her. In its ruling, the court relied on a precedent established by the Supreme Court of Appeal (SCA) in a judgment handed down in 2023. That judgment held, in essence, that the legal authority to initiate an extradition request resides with the minister of justice — not the NPA — despite the NPA having routinely made such requests over the past three decades. It was both disheartening and troubling to witness NPA spokesperson Mthunzi Mhaga attributing the institution's prosecutorial failures to the vast financial resources available to State Capture architects and other wealthy criminally accused individuals — resources, he argued, being used strategically to frustrate and delay their prosecution. While the challenge posed by well-resourced defendants is real, such assertions ring hollow in light of the judiciary's own findings. In his damning ruling, Justice Phillip Loubser did not merely express concern; he unequivocally excoriated the NPA for its conduct in the matter. He found that the NPA had played fast and loose with the truth in its hasty and procedurally flawed attempt to secure Cholota's extradition. The judgment laid bare a deeper institutional malaise: not simply a matter of being outgunned by wealthy adversaries, but one of poor preparation, disregard for legal procedure and a troubling erosion of prosecutorial integrity. If ineptitude is the defining hallmark of the NPA under Batohi's leadership, then profound disappointment has become the enduring emblem for the countless victims of serious crime in our society — victims left disillusioned by a prosecutorial authority seemingly adrift in its constitutional mandate. With less than a year remaining before Batohi's fixed term as NDPP comes to an end, there is no gainsaying the reality that the unresolved prosecutions of the Guptas, Koko, Omotoso and others — each emblematic of the NPA's faltering pursuit of justice — are likely to persist long after her departure. These high-profile matters, burdened by delays, procedural missteps and institutional dysfunction, have come to symbolise the authority's inability to translate public expectations into prosecutorial outcomes. Indeed, a defining feature of Batohi's tenure will not be prosecutorial triumphs, but rather the steady drumbeat of judicial excoriations — pointed and public rebukes that have laid bare the NPA's chronic inefficiencies and, at times, apparent disregard for legal standards. As the nation reflects on her legacy, what will remain is a prosecuting authority still in search of credibility, and a public whose faith in the justice system has been further eroded by yet another era of unfulfilled promise. Such prosecutorial recklessness, particularly when juxtaposed with its consistent failure to hold wealthy and politically connected individuals to account, has not only emboldened the accused but has also critically weakened the institution itself. In medical terms, the result would resemble septicaemia: a toxic, self-inflicted infection coursing through the prosecutorial bloodstream — threatening institutional paralysis and, in extreme cases, death. DM
Daily Maverick
28-05-2025
- Politics
- Daily Maverick
Crime rates show hopeful decline — Is South Africa turning the corner on violence?
New official statistics showing decreased violent crime should provide the impetus for expanding holistic violence prevention strategies. South Africa's serious violent crime problem has received unprecedented global attention since President Cyril Ramaphosa met United States President Donald Trump last week in the White House. However, new data suggests that there could be cause for optimism. The January-March 2025 crime statistics released by Police Minister Senzo Mchunu on 23 May 2025 show that while violent crime remains high, notable decreases occurred in key categories such as murder. If South Africa is indeed turning a corner, what could be the cause, and how can we sustain the trend? The long-term trend for murder rates (Chart 1) suggests a strong correlation between levels of good governance and crime. The sharp increase between 1979 and 1993 reflects political violence during the last decade of apartheid, much of which occurred with the complicity or involvement of the state. The rate peaked in 1993 at around 70 murders per 100,000 people. The equally dramatic decrease between 1994 and 2011 was an expected consequence of settling political strife as South Africa adapted to a new democracy. The lowest rate on record in 2011 was associated with the 2010 Soccer World Cup — which united South Africans behind a government determined to host a safe international event. The negative turnaround since then started two years after Jacob Zuma took office as president in 2009. Persistent increases over the next 13 years were associated with a weakening of state institutions and rule of law during State Capture. Corruption at all levels of government rose, and local criminal groups became embedded in many communities, leading to more illicit firearms, drugs, robberies, extortion and kidnapping. A 2024 Institute for Security Studies (ISS) analysis of firearm crime indicated that the availability of illegal guns in the hands of criminals fuelled violence. The ISS' Protest and Public Violence Monitor shows how South Africans feel about crime and governance. Since 2013, there have been more than 1,250 protests over crime nationwide, often concentrated in cities. These demonstrations represent just over 11% of all protests recorded, and frequently occur in cities where violent crime is high. Many of these protests were against the police or local authorities, often intensified by poor governance and service delivery, including water and electricity woes. The latest police statistics show notable drops in major violent crimes when comparing January-March 2025 with the same quarter in 2024 (Chart 2). Murder levels decreased by 12.2% to 5,727 murders, or an average of 64 per day. Aggravated robbery dropped by 10.4% to 31,749 cases — an average of 353 a day. This decrease was driven mainly by the fall in non-residential robberies and carjacking, which are among the types of robbery making up the aggravated robbery category. Attempted murders were down 5.8% to 6,985 incidents, and serious assaults fell 5.3% to 43,776. Overall, sexual offence levels remained largely unchanged at 13,452 (six more cases), though rape increased by 36 cases. Kidnappings were the most significant exception to the downward trend for violent crime, rising by 6.8% to reach 4,571 cases. This suggests that kidnapping is increasingly being adopted as a low-risk, high-reward offence. The reduction in murder rates is good news, but it's too early to know whether this is an outlier in an ongoing upward trend or the start of a sustained decrease underpinned by stronger governance. As promising as this is, better governance alone won't address persistently high violence levels. Even at its lowest point in 2011, the murder rate was more than five times higher than the international average. A deeper look at the latest statistics shows that two key factors drive violent crime in South Africa. The first is the prevalence of organised crime, which drives most robberies, kidnappings and gun violence. Organised and syndicated crimes can be reduced by intelligence-driven, targeted policing. The second factor is interpersonal violence. Half of all murders occur over weekends, and many are associated with the excessive use of alcohol, drugs or both. Violent crime is highest in the metropolitan areas, which account for over half of these offences nationwide. The four most populous provinces — Gauteng, KwaZulu-Natal, Western Cape and Eastern Cape — contribute 72% of murders nationally. Though murder and attempted murder rates in Gauteng are comparable with the province's share of the national population, the province (especially Johannesburg) is a focal point for two violent crime types. Gauteng accounts for 36% of armed robberies (including 55% of all car hijackings) and 53% of kidnappings nationally. Regarding rural safety, the statistics show that six people were murdered on farms or smallholdings in the past quarter, two of whom were farmers. Mchunu said both were black farmers. The other four victims were employed or resident on farms (one was white). A high number of children are killed in South Africa, often in crossfire or at the hands of their caregivers. The SAPS estimates that 1,100 children were murdered between April 2024 and March 2025. A 2015 Save the Children South Africa and University of Cape Town study showed that violence against children costs the country R238-billion annually — combining direct and opportunity costs. Exposure to violence in childhood increases the chance of further victimisation later in life, and child victims could become adult perpetrators — sustaining intergenerational cycles of interpersonal violence. Poor mental health Experiencing violence in childhood is also associated with unemployment, dependency on grants, alcohol dependence and poor mental health. Better leadership and commitment by the government to curb violence could be starting to yield results. There is a renewed effort to strengthen the criminal justice system and strong turnaround strategies in the National Prosecuting Authority and South African Police Service, including partnerships with civil society organisations and the private sector. Good, trustworthy government, strong rule of law and effective criminal justice and civilian oversight institutions are key to reducing crime and violence. But they aren't enough to increase safety to the extent needed for a strong, healthy, more equitable society. A holistic approach is vital, such as in the Presidency's 2022 Integrated Crime and Violence Prevention Strategy. The strategy applies lessons from research, showing that a caring state supporting caregivers and families is key to breaking cycles of violence in the long term. This requires strong, sustained partnerships across sectors and the involvement of all South Africans.
