By Refilwe Mochoari
In the shadow of South Africa’s justice system, a narrative has unfolded leaving many to question the true intentions of the National Prosecuting Authority (NPA).
For some, the NPA’s string of failed high-profile cases which seemingly target particular individuals but ultimately get bungled by the institution itself tell a tale of politicized persecution. Black politicians are openly targeted and become subjects of litigatory abuse, humiliation and also lose their jobs - only to be acquitted later or have their cases thrown out due to a questionable lack of evidence.
Political analyst Professor Sipho Seepo, in an interview with Journal News, said these alleged orchestrated campaigns by the NPA often results in humiliation and damaged reputations.
‘A WITCH HUNT’
Some of the affected politicians amongst many others who find themselves under fire with the NPA include former Minister of Sports Arts and Culture, Zizi Kodwa, whose case was thrown out by Advocate Andrew Chauke, a director of prosecuting authority in Johannesburg.
Kodwa was accused of receiving direct payments and luxury accommodation worth R1.7 million during his time as the ANC spokesperson between 2015 and 2016.
Kodwa’s lawyer Zola Majavu called this action against Kodwa a ‘Witch Hunt’ saying that the State has a ‘palpably weak’ case.
Former Deputy Chairperson of ANC in KwaZulu-Natal Natal Mike Mabuyakhulu’s case was acquitted after a long trial where he was accused of money laundering, theft, and corruption in connection with a R28 million payment to suppliers for a music festival that did not take place.
According to Mabuyakhulu, the State failed to provide sufficient evidence against him and the other accused, he too believes that there is a ‘witch hunt’ against him.
Another politician who has been in the dock is former speaker of parliament, Nosiviwe Maphisa-Ngcakula. She has been on trial for over a year now.
Maphisa-Ngcakula is charged with corruption and money laundering. She is accused of receiving R2.5 million in bribes during her tenure as the Defence Minister from a defence contractor.
Her home was raided amid these corruption charges and the case has been in court for more than a year now.
Leader of the Economic Freedom Fighters Julius Malema also finds himself in a similar position, and has this week written a letter to President Cyril Ramaphosa to establish a Commission of Inquiry into the NPA in terms of Section 84 (2)f of the Constitution which grants the president the power to appoint commissions of inquiry.
Malema is also in the NPA’s shadow as he was prosecuted for assault and unlawful possession of a firearm in the Eastern Cape in 2019.
AGENDA TO HUMILIATE BLACK PROFESSIONALS
Seepo says this tells a tale that the NPA might have a hidden agenda.
He asserts that the NPA needs to properly investigate their cases,
“Careers are destroyed and reputations are tarnished.
“After reading a significant part of the State Capture Commission Part IV, I have concluded that Chief Justice Raymond Zondo has set up the NPA to fail.
“The NPA is doing South Africans a big disservice.
“You cannot make such allegations, humiliate them in public, raid their homes, put them in the media for the world to see, bring them to court, make them lose their jobs and their integrity, investigate them for more than five years only for the case to be thrown out because of lack of evidence.
“What we see here, is a hate crime”, said Seepo.
THE FACE OF FAILURE
NPA head Advocate Shamila Batohi has been in the spotlight and under fire since she took office in 2018.
She disagrees with the sentiment that the NPA is bungling cases.
When Batohi took office, she pledged to restore integrity and effectiveness to the institution. The public perception of the NPA “pains” her, ahe claims.
Speaking to Journal News, NPA spokesperson in the Free State Mojalefa Senokotsoane said the NPA operates in line with the Constitution, the Criminal Procedure Act, and most importantly the National Prosecuting Act which mandates the institution to institute and conduct criminal prosecutions on behalf of the State.
“It is important to clarify that the NPA is not an investigative body and does not conduct investigations, rather it guides investigations that are carried out by designated law enforcement agencies such as the South African Police Services, Hawks, and other relevant authorities, he said.
Senokotsoane added that the primary responsibility is to assess and to prosecute cases based on the evidence contained in an official police docket and that a prosecution will proceed only when the available evidence establishes a prima facie case and the state is confident that the matter can be proven beyond reasonable doubt in a court of law.
