“The rule of law is not dead”. With that message of defiant hope, Advocate Shamila Batohi took her final bow as National Director of Public Prosecutions (NDPP) at the National Prosecuting Authority (NPA) on Friday.
Batohi retires from the NPA after seven years at the helm of the prosecutorial body.
“Despite everything, I leave this office genuinely hopeful. We have rebuilt an institution that was once almost written off. I have seen what South Africans can achieve when we stop arguing on who’s to blame and start focusing on what must be done.
“The rule of law in South Africa is not dead. It is worth fighting [for] and worth defending. If we back this next NDPP [Advocate Andy Mothibi], fix systemic weaknesses, strengthen partnerships with integrity and refuse to surrender to cynicism, we can absolutely turn the tide against corruption and organised crime,” Batohi said at her final media briefing.
Reflecting on her time in office, Batohi said she entered the Victoria and Griffiths Mxenge building (the NPA’s headquarters) during a time of “profound institutional decay, erosion of public trust and a deeply compromised criminal justice system”.
“It has been an incredibly challenging journey. We had to rebuild a broken institution while simultaneously delivering on our core prosecutorial responsibilities given the understandable impatience for accountability and justice in this country.
“The work is not yet complete. But you may, as people of South Africa, be rest assured that a solid foundation has been built for a stronger, more effective NPA. We have shifted from a phase of stabilisation…to one of consolidation with increasing signs of institutional resilience and operation impact,” she said.
She highlighted that the prosecutorial body had moved from meeting 50% of its targets in 2020/21 to reaching, in the year to date, 94% of targets.
Other achievements include:
- The formal establishment of the Investigating Directorate Against Corruption (IDAC).
- The NPA’s Asset Forfeiture Unit (AFU) recovered R6.3 billion from criminal proceeds in the past five years.
- The conviction of at least 380 people for complex corruption related crimes in the 24/25 financial year alone.
- The development of an organised crime strategy.
- Finalising of national priorities guidelines for prosecutors.
- Strengthening of the NPA as an institution.
- The establishment of the office for ethics and accountability.
“We’ve made excellent progress in recovering the proceeds of crime, sending a message that crime must not pay.
“Accountability for organised crime, corruption and other crime involving proceeds is two-pronged: prosecutions and orange overalls is important but another critically important aspect of accountability is bringing the money back.
“We have implemented the corporate alternate dispute resolution mechanism, an innovative way of engaging with companies to deal with corporate crime more strategically. During this period, the AFU recovered R1.96 billion and of that, R1.9 billion was paid into the Criminal Assets Recovery Account,” Batohi added.
She acknowledged, however, that South Africans remain frustrated by the slow pace of justice.
“Despite important progress in various areas, South Africans are understandably frustrated by the slow pace of complex corruption cases and the lack of orange overalls for the most egregious offenders.
“This frustration is real. I understand, I feel it [and] the NPA understands it. But here’s the reality: globally complex corruption and organised crime prosecutions take years. They require intelligence, documents from multiple jurisdictions that must meet admissibility requirements, skilled investigators, forensic analysis and importantly, a justice system that can withstand relentless delay tactics.
“Delays do not mean inaction. They mean that the work is difficult, intricate and if we get it right, it must be solid to withstand any appeal,” she emphasised.
Passing the baton
Batohi noted that she leaves office with some “unfinished business” still to be done by the leadership of the NPA.
However, she moved to assure South Africans that they now have a stronger NPA that is “on the right path. A path of renewal, accountability and public service”.
Key issues highlighted by Batohi include:
- Enhancing the NPA’s operational and financial independence
- The NPA must have its own accounting officer
- Comparable salary dispensation for the NPA
- Addressing the skills gap
She expressed “full confidence” in the newly appointed NDPP, Advocate Mothibi, a “man of great integrity and an impeccable track record in getting results and I’m sure he will take the work of the NPA forward”.
“We have developed a comprehensive handover report that I will handover…and we hope that this, in itself, will provide a strong platform for continued reform and progress.
“In South Africa we are in a very difficult position as far as crime is concerned. Communities are scared, businesses are fatigued and citizens are tired of waiting for justice. But the most dangerous thing we could do right now is to lose hope,” Batohi said. – SAnews.gov.za
