Justice Minister shields NPA boss from performance-based disapproval

CAPE TOWN - Justice Minister Mmamoloko Kubayi has appeared to come out in defence of the National Director of Public Prosecutions, Shamila Batohi, amid increasing criticism of the National Prosecuting Authority (NPA)’s performance in the courts. 

On Tuesday, Kubayi told the National Assembly that while the public focus appears to be on the defeats suffered, particularly in State capture cases, the NPA’s overall performance is being overlooked. 

She was responding to ActionSA’s Athol Trollip, who once again has put pressure on the minister to begin a process for Batohi’s removal.

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While Batohi is said to have backtracked on using the word “infiltrated” to explain the performance of some State prosecutors, Trollip is having none of it. 

He wants Kubayi to suspend Batohi and for Parliament to launch an inquiry into what he views as prosecutorial failures. 

“Under advocate Batohi’s leadership, the NPA has become a refuge for the politically connected where prosecutions collapse with alarming regularity. Accountability is avoided, and justice is delayed,” said Trollip.

But Kubayi says while she understands the public outcry over major cases, the NPA’s successes also have to be considered. 

“If we look at the number of cases just in a month, almost 99% of cases have gone through successfully, and you find 2% have not gone well.”

Earlier on Tuesday, President Cyril Ramaphosa said he’s also expecting Batohi to brief him on the problems.